Silvey & Co. v. Brown

Supreme Court of Georgia

Silvey & Co. v. Brown

72 S.E. 907, 137 Ga. 104, 1911 Ga. LEXIS 312

CourtSupreme Court of Georgia

DecidedNovember 15, 1911

StatusPublished

Cited by18 cases

This text of 72 S.E. 907 (Silvey & Co. 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

Silvey & Co. v. Brown, 72 S.E. 907, 137 Ga. 104, 1911 Ga. LEXIS 312 (Ga. 1911).

Pincite

Opinion

Eisec, C. J.

1. An alleged statement of facts not being set forth in the bill of exceptions nor made a part of the same as an exhibit thereto and properly authenticated, what purports to be an agreed statement of facts sent up as a part of the record, but not approved by the judge and ordered filed as such, can not be considered by this court. Robinson v. Woodward, 134 Ga. 777 (68 S. E. 553); Blackman v. Garrett, 135 Ga. 226 (69 S. E. 110).

'2. The errors assigned in the bill of exceptions being such as can not be determined from the record without a consideration of such alleged agreed statement of facts so sent up, the judgment of the court below must be affirmed. Ib.

•3. The act of 1911, page 149, § 3, is applicable, according to its terms, exclusively to motions for new trial, and is not applicable to this case, wherein there was no motion for a new trial.

Judgment affirmed.

All the Justices concur, except Bech, J., absent, and Bill, J., not presiding.

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