Baldwin v. Grimes

Supreme Court of Georgia

Baldwin v. Grimes

131 S.E.2d 563, 219 Ga. 68, 1963 Ga. LEXIS 369

CourtSupreme Court of Georgia

DecidedMay 29, 1963

Docket22048

StatusPublished

Cited by10 cases

This text of 131 S.E.2d 563 (Baldwin v. Grimes) 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

Baldwin v. Grimes, 131 S.E.2d 563, 219 Ga. 68, 1963 Ga. LEXIS 369 (Ga. 1963).

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Opinion

Grice, Justice.

A review of the judgment assigned as error here requires a consideration of the evidence, which is neither set forth in the bill of exceptions, attached to it as an exhibit and properly identified by the trial judge, nor embodied in a brief or transcript of evidence approved by the trial judge and sent up as a part of the record. Accordingly, since the burden is upon the party assigning error to show it affirmatively by the record, the judgment complained of is assumed to be correct and must be affirmed. Attaway v. Duncan, 206 Ga. 230 (56 SE2d 269); Cobb v. DeLong, 216 Ga. 794 (120 SE2d 177).

Judgment affirmed.

All the Justices concur.

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Grice, Justice.

A review of the judgment assigned as error here requires a consideration of the evidence, which is neither set forth in the bill of exceptions, attached to it as an exhibit and properly identified by the trial judge, nor embodied in a brief or transcript of evidence approved by the trial judge and sent up as a part of the record. Accordingly, since the burden is upon the party assigning error to show it affirmatively by the record, the judgment complained of is assumed to be correct and must be affirmed. Attaway v. Duncan, 206 Ga. 230 (56 SE2d 269); Cobb v. DeLong, 216 Ga. 794 (120 SE2d 177).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

131 S.E.2d 563, 219 Ga. 68, 1963 Ga. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baldwin-v-grimes-ga-1963.

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