Spencer v. Georgia Railroad & Banking Co.

Jackson, Judge.

The defendant in error moved to dismiss the bill of exceptions on the ground that the evidence was not embodied in it, and though it referred to the evidence as embodied in the record, it nowhere appeared, either in the bill of exceptions or in the transcript of the record, that the brief of the evidence was approved by the court. The act of 1870, (see Code, section 4253,) enacts that the brief of the evidence, filed and approved according to law, is made part of the record, and if referred to in the bill of exceptions, need not be actually set out in the bill of exceptions,…