Georgia Railroad v. Mitchell
Supreme Court of Georgia
Practice in Supreme Court. Practice in Superior Court New Trial. Before Judge Hammond. Pulton Superior Court. October Term, 1884. When this case was called in the Supreme Court, a motion to dismiss it was made on the following grounds: (1.) Because Emily Mitchell, as next friend of Edward Mitchell, was not made a party defendant to the motion for new trial, the refusing of which is the judgment assigned as error, and the judgment excepted to was not rendered in any…
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Practice in Supreme Court. Practice in Superior Court New Trial. Before Judge Hammond. Pulton Superior Court. October Term, 1884. When this case was called in the Supreme Court, a motion to dismiss it was made on the following grounds: (1.) Because Emily Mitchell, as next friend of Edward Mitchell, was not made a party defendant to the motion for new trial, the refusing of which is the judgment assigned as error, and the judgment excepted to was not rendered in any proceeding to which she was a party. (2.) Because the declaration was filed and trial had in a case in which Edward Mitchell, a…
1Opinion of the Court
Blandeord, Justice.
A motion was made to dismiss this writ of error, upon the ground that the depositions of one Hutchinson are not embraced in the brief of evidence filed on the motion for new trial and the same are not annexed or attached to said brief. The parties by their counsel agreed in writing that the clerk of the court might certify the same as part of the record. This agreement was approved by the presiding judge, and the clerk ordered to certify the deposition as part of the record, which he did, not as part of the brief of evidence, but merely incorporated the same in the record,…
2Cases cited1 opinion
- Erie City Iron Works v. AngierSupreme Court of Georgia · 1881
3Cited by1 opinion
- Brantley v. Meyer, Reinhard & Co.Supreme Court of Georgia · 1900