Phillips v. Fulton

Supreme Court of Georgia

Phillips v. Fulton

114 S.E.2d 420, 216 Ga. 14, 1960 Ga. LEXIS 375

CourtSupreme Court of Georgia

DecidedApril 4, 1960

Docket20839

StatusPublished

This text of 114 S.E.2d 420 (Phillips v. Fulton) 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

Phillips v. Fulton, 114 S.E.2d 420, 216 Ga. 14, 1960 Ga. LEXIS 375 (Ga. 1960).

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Opinion

Quillian, Justice.

J. C. Phillips filed an application for a permit to build a trailer park in Chatham County with the Chatham County Board of Commissioners. The application was denied. Thereafter, J. C. Phillips filed his petition seek[15]*15ing mandamus to require them to issue him a permit.' After a hearing, the Judge of the Superior Court of Chatham County rendered judgment denying the. relief sought. The exception here is to this judgment. Held:

Submitted March 15, 1960 Decided April 4, 1960 Rehearing denied April 27, 1960. Crawford, Lee & Calhoun, for plaintiff in error. Walton W. Hinely, John J. Bouhan, contra.

1. The purported brief of evidence in this case contains what appears to be a complete transcript of the opening statements of the attorneys for both sides plus numerous colloquies, motions to rule out evidence, rulings on objections to evidence, evidence which was apparently ruled out, and much other irrelevant matter. There was no bona fide attempt to comply with the provisions of Code § 70-305 as amended by Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446. This court will not, therefore, pass upon any assignment of error in the determination of which reference must be made to the purported brief of evidence. Lee v. Baughn, 211 Ga. 525 (87 S. E. 2d 69); Williamson v. Yakupian, 211 Ga. 61 (84 S. E. 2d 15); Moore v. Moore, 215 Ga. 47 (108 S. E. 2d 704).

2. Since, the only questions presented for decision in the instant case require reference to the purported brief of evidence, no question is presented which can be considered in this court.

Judgment affirmed.

All the Justices concur.

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Quillian, Justice.

J. C. Phillips filed an application for a permit to build a trailer park in Chatham County with the Chatham County Board of Commissioners. The application was denied. Thereafter, J. C. Phillips filed his petition seek[15]*15ing mandamus to require them to issue him a permit.' After a hearing, the Judge of the Superior Court of Chatham County rendered judgment denying the. relief sought. The exception here is to this judgment. Held:

Submitted March 15, 1960 Decided April 4, 1960 Rehearing denied April 27, 1960. Crawford, Lee & Calhoun, for plaintiff in error. Walton W. Hinely, John J. Bouhan, contra.

1. The purported brief of evidence in this case contains what appears to be a complete transcript of the opening statements of the attorneys for both sides plus numerous colloquies, motions to rule out evidence, rulings on objections to evidence, evidence which was apparently ruled out, and much other irrelevant matter. There was no bona fide attempt to comply with the provisions of Code § 70-305 as amended by Ga. L. 1953, Nov.-Dec. Sess., pp. 440, 446. This court will not, therefore, pass upon any assignment of error in the determination of which reference must be made to the purported brief of evidence. Lee v. Baughn, 211 Ga. 525 (87 S. E. 2d 69); Williamson v. Yakupian, 211 Ga. 61 (84 S. E. 2d 15); Moore v. Moore, 215 Ga. 47 (108 S. E. 2d 704).

2. Since, the only questions presented for decision in the instant case require reference to the purported brief of evidence, no question is presented which can be considered in this court.

Judgment affirmed.

All the Justices concur.

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Bluebook (online)

114 S.E.2d 420, 216 Ga. 14, 1960 Ga. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-fulton-ga-1960.

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