Barringer v. Porter

Supreme Court of Georgia

Barringer v. Porter

83 S.E.2d 603, 211 Ga. 20, 1954 Ga. LEXIS 466

CourtSupreme Court of Georgia

DecidedSeptember 13, 1954

Docket18660

StatusPublished

Cited by6 cases

This text of 83 S.E.2d 603 (Barringer v. Porter) 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

Barringer v. Porter, 83 S.E.2d 603, 211 Ga. 20, 1954 Ga. LEXIS 466 (Ga. 1954).

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Opinion

Hawkins, Justice.

1. The bill of exceptions complains only of the refusal of the trial judge to grant a temporary injunction. Where affidavits are submitted on the hearing of such a cause, they should be incorporated in the bill of exceptions to review the judgment complained of, or be attached as exhibits thereto, duly and properly identified by the trial judge, or be embodied in an approved brief or transcript of the evidence and brought up as a part of the record. Where, as here, neither method is adopted, but copies of affidavits are transmitted by the clerk as a part of the record, such affidavits have not been brought to this court in the manner prescribed by law, and consequently cannot be considered as evidence.

2. The burden is upon one asserting error to show it affirmatively by the record; and where, as here, the only assignment of error cannot be determined without a consideration of the evidence, and it appears that none of the evidence material to a consideration of the error complained of is lawfully before this court, we will assume that the judgment is correct and affirm it. Ga. L. 1953, Nov.-Dec. Sess., p. 440; Attaway v. Duncan, 206 Ga. 230 (56 S. E. 2d 269); Blackwell v. Farrar, 208 Ga. 757 (69 S. E. 2d 574); Cornett v. Justice, 209 Ga. 375 (72 S. E. 2d 724).

Judgment affirmed.

All the Justices concur.

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Hawkins, Justice.

1. The bill of exceptions complains only of the refusal of the trial judge to grant a temporary injunction. Where affidavits are submitted on the hearing of such a cause, they should be incorporated in the bill of exceptions to review the judgment complained of, or be attached as exhibits thereto, duly and properly identified by the trial judge, or be embodied in an approved brief or transcript of the evidence and brought up as a part of the record. Where, as here, neither method is adopted, but copies of affidavits are transmitted by the clerk as a part of the record, such affidavits have not been brought to this court in the manner prescribed by law, and consequently cannot be considered as evidence.

2. The burden is upon one asserting error to show it affirmatively by the record; and where, as here, the only assignment of error cannot be determined without a consideration of the evidence, and it appears that none of the evidence material to a consideration of the error complained of is lawfully before this court, we will assume that the judgment is correct and affirm it. Ga. L. 1953, Nov.-Dec. Sess., p. 440; Attaway v. Duncan, 206 Ga. 230 (56 S. E. 2d 269); Blackwell v. Farrar, 208 Ga. 757 (69 S. E. 2d 574); Cornett v. Justice, 209 Ga. 375 (72 S. E. 2d 724).

Judgment affirmed.

All the Justices concur.

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83 S.E.2d 603, 211 Ga. 20, 1954 Ga. LEXIS 466, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barringer-v-porter-ga-1954.

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