Collum v. Brown

Supreme Court of Georgia

Collum v. Brown

27 S.E. 789, 102 Ga. 589, 1897 Ga. LEXIS 640

CourtSupreme Court of Georgia

DecidedAugust 4, 1897

StatusPublished

Cited by2 cases

This text of 27 S.E. 789 (Collum v. Brown) 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

Collum v. Brown, 27 S.E. 789, 102 Ga. 589, 1897 Ga. LEXIS 640 (Ga. 1897).

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Opinion

Cobb, J.

1. An approval of a brief of evidence in these words: “This brief of evidence approved and subject to amendment, and ordered to be filed,” is not, under the decisions of this court in Turner v. Wilcox, Gibbs & Company, 65 Ga. 299, and Sproull v. Walker, 70 Ga. 729, sufficient. Such approval is qualified, and not final and authoritative as the law requires.

2. Where the only error assigned in a bill of exceptions is the overruling of a motion for a new trial, and the brief of evidence accompanying such motion is not duly approved; and where no ground of the motion can be intelligently considered without reference to the evidence, no question is properly presented for adjudication by this court, and the writ of error will be dismissed. Writ of error dismissed.

All the Justices concurring.

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Cobb, J.

1. An approval of a brief of evidence in these words: “This brief of evidence approved and subject to amendment, and ordered to be filed,” is not, under the decisions of this court in Turner v. Wilcox, Gibbs & Company, 65 Ga. 299, and Sproull v. Walker, 70 Ga. 729, sufficient. Such approval is qualified, and not final and authoritative as the law requires.

2. Where the only error assigned in a bill of exceptions is the overruling of a motion for a new trial, and the brief of evidence accompanying such motion is not duly approved; and where no ground of the motion can be intelligently considered without reference to the evidence, no question is properly presented for adjudication by this court, and the writ of error will be dismissed. Writ of error dismissed.

All the Justices concurring.

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Bluebook (online)

27 S.E. 789, 102 Ga. 589, 1897 Ga. LEXIS 640, Counsel Stack Legal Research, https://law.counselstack.com/opinion/collum-v-brown-ga-1897.

Opinion

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