Mulinix v. Davenport Bros.

Court of Appeals of Georgia

Mulinix v. Davenport Bros.

91 S.E. 787, 19 Ga. App. 479, 1917 Ga. App. LEXIS 173

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1917

Docket7766

StatusPublished

Cited by1 cases

This text of 91 S.E. 787 (Mulinix v. Davenport Bros.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mulinix v. Davenport Bros., 91 S.E. 787, 19 Ga. App. 479, 1917 Ga. App. LEXIS 173 (Ga. Ct. App. 1917).

Pincite

Opinion

Broyles, P. J.

1. Documentary evidence set out in the pleadings or attached thereto as exhibits should no't be included in the brief of evidence otherwise than by reference thereto. Civil Code of 1910, § 6093; Oconee Oil Co. v. Planters Oil Co., 6 Ga. App. 413 (65 S. E. 144); Slappey v. Charles, 7 Ga. App. 796 (68 S. E. 308).

2. As all the grounds of the exceptions to the judgment rendered by the trial judge (sitting by consent without the intervention of a jury) depend upon a consideration of the evidence, and as what purports to be a brief of the evidence, both oral and documentary, contained in the bill of exceptions, is interspersed with objections to testimony and the rulings thereon, and there being apparently no effort to brief the documentary evidence, but the same being included in extenso in the brief of evidence, notwithstanding such documentary evidence is attached as exhibits to the pleadings in the case, the exceptions can not be considered, and the judgment of the trial court must be affirmed. Civil Code, § 6093; Ingram v. Clarke, 96 Ga. 777 (22 S. E. 334) ; Roberts v. City of Cairo, 133 Ga. 642 (66 S. E. 938); Mewborn v. Weitzer, 15 Ga. App. 668 (84 S. E. 141), and cases there cited.

Judgment affirmed.

JenMns and Bloodworth, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Broyles, P. J.

1. Documentary evidence set out in the pleadings or attached thereto as exhibits should no't be included in the brief of evidence otherwise than by reference thereto. Civil Code of 1910, § 6093; Oconee Oil Co. v. Planters Oil Co., 6 Ga. App. 413 (65 S. E. 144); Slappey v. Charles, 7 Ga. App. 796 (68 S. E. 308).

2. As all the grounds of the exceptions to the judgment rendered by the trial judge (sitting by consent without the intervention of a jury) depend upon a consideration of the evidence, and as what purports to be a brief of the evidence, both oral and documentary, contained in the bill of exceptions, is interspersed with objections to testimony and the rulings thereon, and there being apparently no effort to brief the documentary evidence, but the same being included in extenso in the brief of evidence, notwithstanding such documentary evidence is attached as exhibits to the pleadings in the case, the exceptions can not be considered, and the judgment of the trial court must be affirmed. Civil Code, § 6093; Ingram v. Clarke, 96 Ga. 777 (22 S. E. 334) ; Roberts v. City of Cairo, 133 Ga. 642 (66 S. E. 938); Mewborn v. Weitzer, 15 Ga. App. 668 (84 S. E. 141), and cases there cited.

Judgment affirmed.

JenMns and Bloodworth, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

91 S.E. 787, 19 Ga. App. 479, 1917 Ga. App. LEXIS 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mulinix-v-davenport-bros-gactapp-1917.

Opinion

Related

Cite This Page — Counsel Stack