Moon v. Moon

Duckworth, Chief Justice.

The defendant in error has filed a motion to dismiss the writ of error, in which he alleges that the court should not consider any assignments of error requiring a consideration of the evidence because the brief of evidence contains immaterial matter. The law (Code § 70-305 as amended, Ga. L. 1953, Nov.-Dee. Sess., p. 440) requires a bona fide effort to brief only the material evidence. This record, irrespective of immaterial matter in the brief, shows that the plaintiff in error made a bona fide effort to eliminate immaterial matter from the stenographic copy of the…