Boney v. Smallwood

Supreme Court of Georgia

Boney v. Smallwood

51 S.E.2d 847, 204 Ga. 782, 1949 Ga. LEXIS 500

CourtSupreme Court of Georgia

DecidedFebruary 16, 1949

Docket16456.

StatusPublished

Cited by2 cases

This text of 51 S.E.2d 847 (Boney v. Smallwood) 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

Boney v. Smallwood, 51 S.E.2d 847, 204 Ga. 782, 1949 Ga. LEXIS 500 (Ga. 1949).

Pincite

Opinion

Duckworth, Chief Justice.

The only assignment of error being to a judgment distributing funds brought into court as the proceeds of a life-insurance policy and reciting “after hearing evidence,” and in which, after the direction of payment of a certain sum to counsel for the party bringing such funds into court and that all costs be paid therefrom, it was ordered that the balance be paid to the plaintiff in error, but'no brief of the evidence being contained in the record or set forth in the bill of exceptions or in an exhibit attached thereto, this court can not determine whether or not under the facts the costs were wrongfully assessed, as contended by the plaintiff in error, and, accordingly, the judgment must be affirmed. Trawick v. Trussell, 122 Ga. 320 (50 S. E. 86); McElveen v. O’Kelley, 193 Ga. 824 (20 S. E. 2d, 69); Dozier v. Dozier, 194 Ga. 268 (21 S. E. 2d, 655).

Judgment affirmed.

All the Justices concur.

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Duckworth, Chief Justice.

The only assignment of error being to a judgment distributing funds brought into court as the proceeds of a life-insurance policy and reciting “after hearing evidence,” and in which, after the direction of payment of a certain sum to counsel for the party bringing such funds into court and that all costs be paid therefrom, it was ordered that the balance be paid to the plaintiff in error, but'no brief of the evidence being contained in the record or set forth in the bill of exceptions or in an exhibit attached thereto, this court can not determine whether or not under the facts the costs were wrongfully assessed, as contended by the plaintiff in error, and, accordingly, the judgment must be affirmed. Trawick v. Trussell, 122 Ga. 320 (50 S. E. 86); McElveen v. O’Kelley, 193 Ga. 824 (20 S. E. 2d, 69); Dozier v. Dozier, 194 Ga. 268 (21 S. E. 2d, 655).

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

51 S.E.2d 847, 204 Ga. 782, 1949 Ga. LEXIS 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boney-v-smallwood-ga-1949.

Opinion

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