Grier v. Brown

Supreme Court of Georgia

Grier v. Brown

45 S.E. 455, 118 Ga. 670, 1903 Ga. LEXIS 656

CourtSupreme Court of Georgia

DecidedAugust 14, 1903

StatusPublished

Cited by5 cases

This text of 45 S.E. 455 (Grier 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

Grier v. Brown, 45 S.E. 455, 118 Ga. 670, 1903 Ga. LEXIS 656 (Ga. 1903).

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Opinion

Simmons, C. J.

Upon a plaintiff in error is the burden of showing material error in the ruling of which complaint is made ; and if he fail to cany that burden, the judgment will be affirmed. In the present case complaint is made of the overruling of a motion for new trial, and the brief of evidence is so confused and obscure as to be unintelligible. It is therefore impossible for this court to determine whether there was evidence to authorize the verdict or whether there, was material error in the special grounds of the motion, which complain of the exclusion of certain evidence ; and the refusal to grant a new trial must be presumed to have been right.

Judgment affirmed.

All the Justices concur.

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Simmons, C. J.

Upon a plaintiff in error is the burden of showing material error in the ruling of which complaint is made ; and if he fail to cany that burden, the judgment will be affirmed. In the present case complaint is made of the overruling of a motion for new trial, and the brief of evidence is so confused and obscure as to be unintelligible. It is therefore impossible for this court to determine whether there was evidence to authorize the verdict or whether there, was material error in the special grounds of the motion, which complain of the exclusion of certain evidence ; and the refusal to grant a new trial must be presumed to have been right.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

45 S.E. 455, 118 Ga. 670, 1903 Ga. LEXIS 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grier-v-brown-ga-1903.

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