Legal Opinion

Brooks v. Proctor & Huddleston

Supreme Court of Georgia

Decided May 12, 1900PublishedCited by 5 opinions

Complaint-. Before Judge Clark. City court of Forsyth. July term, 1899.

1Opinion of the CourtSimmons, C. J.

1. The bill of exceptions complaining only of the overruling of a motion for a new trial, and it appearing that no brief of evidence was filed, the case is controlled by Baker v. Johnson, 99 Ga. 374; Mize v. Americus Co., 106 Ga. 140; Holloman v. Small, ante, 812.

2, As no brief of evidence whatever was filed in the lower court or brought to this court in the record, and as it has been .definitely settled by decisions of this court that there can not be a valid motion for a néw trial without an approved brief of evidence, and as this must have been known to counsel for the plaintiff in error,…

2Cases cited2 opinions

  1. Baker v. Johnson & HarrisSupreme Court of Georgia · 1896
  2. Mize v. Americus Manufacturing & Improvement Co.Supreme Court of Georgia · 1898

3Cited by5 opinions

  1. Whitaker v. StateSupreme Court of Georgia · 1912
  2. Bell v. StateCourt of Appeals of Georgia · 1916
  3. Smith v. StateCourt of Appeals of Georgia · 1918
  4. Griffin v. StateCourt of Appeals of Georgia · 1934
  5. Phillips v. BlackwellSupreme Court of Georgia · 1928

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