Roane v. McIntosh

1. Where, after a judgment of nonsuit has been rendered, a petition for reinstatement is based on the grounds that the judgment is contrary to the law (the decision of which depends on the evidence) and contrary to the evidence, the filing of a brief of the evidence is essential. City of Atlanta v. Jenkins, 137 Ga. 454 (73 S. E. 402).

2. Where, after such a judgment, the petition to reinstate alleges surprise on account of an amendment of defendant’s plea calling for proof of a material fact, and prays for time to produce the necessary evidence, but fails to shoiv any reason Avhy such evidence…