Bailey v. Powell

Supreme Court of Georgia

Bailey v. Powell

44 S.E.2d 119, 202 Ga. 766, 1947 Ga. LEXIS 489

CourtSupreme Court of Georgia

DecidedSeptember 6, 1947

Docket15928.

StatusPublished

This text of 44 S.E.2d 119 (Bailey v. Powell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. Powell, 44 S.E.2d 119, 202 Ga. 766, 1947 Ga. LEXIS 489 (Ga. 1947).

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Opinion

Head, Justice.

The record in this case contains a full transcript of all that occurred on the trial, including all questions and answers in full, and every word spoken by the attorneys and the trial judge during the trial. It is, therefore,' manifest that there has been no bona fide effort to brief the evidence. No question is raised by the plaintiff in error which can be intelligently determined without reference to the evidence. This court has repeatedly held that, when there is no bona fide effort to brief the evidence, questions depending upon a consideration of the evidence will not be decided. See Carmichael v. State, 111 Ga. 653 (36 S. E. 872) ; American Standard Jewelry Co. v. Goodman, 127 Ga. 543, 544 (3) (56 S. E. 642) ; Anderson v. Daniel, 137 Ga. 635 (2) (73 S. E. 1051) ; Bishop v. Brown, 138 Ga. 738 (75 S. E. 1119) ; Bennett v. Carter, 168 Ga. 133 (147 S. E. 380) ; Murray v. Davidson, 174 Ga. 213 (162 S. E. 526). It follows that the judgment of the trial court must be affirmed.

Judgment affirmed.

All the Justices concur, except Wyatt, J., who took no part in the consideration or decision of this case.

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Head, Justice.

The record in this case contains a full transcript of all that occurred on the trial, including all questions and answers in full, and every word spoken by the attorneys and the trial judge during the trial. It is, therefore,' manifest that there has been no bona fide effort to brief the evidence. No question is raised by the plaintiff in error which can be intelligently determined without reference to the evidence. This court has repeatedly held that, when there is no bona fide effort to brief the evidence, questions depending upon a consideration of the evidence will not be decided. See Carmichael v. State, 111 Ga. 653 (36 S. E. 872) ; American Standard Jewelry Co. v. Goodman, 127 Ga. 543, 544 (3) (56 S. E. 642) ; Anderson v. Daniel, 137 Ga. 635 (2) (73 S. E. 1051) ; Bishop v. Brown, 138 Ga. 738 (75 S. E. 1119) ; Bennett v. Carter, 168 Ga. 133 (147 S. E. 380) ; Murray v. Davidson, 174 Ga. 213 (162 S. E. 526). It follows that the judgment of the trial court must be affirmed.

Judgment affirmed.

All the Justices concur, except Wyatt, J., who took no part in the consideration or decision of this case.

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Bluebook (online)

44 S.E.2d 119, 202 Ga. 766, 1947 Ga. LEXIS 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-powell-ga-1947.

Opinion

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