Sweeney v. Dickey
Summary
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Opinion of the Court
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Hodges, J.
The error complained of in the hill of exceptions in this case' is the overruling of a motion for a new trial. The document sent up in the record as a brief of the evidence contains 47 pages of typewriting, the greater part of which consists of questions and answers, and is not a compliance with the provisions of the code and the rulings of the Supreme Court and of this court as to the briefing of evidence. Park’s Code, vol. 5, § 6093, and annotations. It is held by the Supreme Court that “When there is no legal brief of evidence filed with the motion for new trial, but only a document which fails to comply with the provisions of the Civil Code (1910), § 6093, the Court of Appeals should not look to such a document for the purpose of determining the questions raised in the motion for new trial.” Whitaker v. State, 138 Ga. 139 (4 a), 145 ( 75 S. E. 254 ). The judgment overruling the motion for a new trial must therefore be Affirmed.
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