Stewart v. Echols County

Court of Appeals of Georgia

Stewart v. Echols County

78 S.E.2d 867, 89 Ga. App. 99, 1953 Ga. App. LEXIS 910

CourtCourt of Appeals of Georgia

DecidedOctober 15, 1953

Docket34892

StatusPublished

Cited by2 cases

This text of 78 S.E.2d 867 (Stewart v. Echols County) 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

Stewart v. Echols County, 78 S.E.2d 867, 89 Ga. App. 99, 1953 Ga. App. LEXIS 910 (Ga. Ct. App. 1953).

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Opinion

Townsend, J.

Where, as here, there is no motion for a new trial, but the exception is to the judgment of the trial court validating certain bonds over objection of the intervenor (the plaintiff in error), which judgment is assigned as error in a direct bill of exceptions, and where it is necessary for this court to examine a brief of evidence in order to come to a determination as to the errors alleged to have been committed upon the trial of this issue, an approved brief of evidence is essential for consideration of the record. Where the judge’s certificate precedes the [100]*100brief of evidence, which is attempted to be set out as an exhibit to the bill of exceptions, but which is in no way verified by the trial judge as being the exhibit referred to in the bill of exceptions, such exhibit cannot be considered, and this court has no alternative but to affirm the decision of the trial court. Moore v. Southern Ry. Co., 31 Ga. App. 512 (1) (121 S. E. 138); Blackwell v. Farrar, 208 Ga. 757 (69 S. E. 2d 574); Cornett v. Justice, 209 Ga. 375 (72 S. E. 2d 724); Giles v. Peachtree Pantries, 209 Ga. 536 (74 S. E. 2d 545).

Decided October 15, 1953 Rehearing denied November 3, 1953. J. E. B. Stewart, for plaintiff in error. John W. Langdale, J. B. Edwards, Solicitor-General, contra.

Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.

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Townsend, J.

Where, as here, there is no motion for a new trial, but the exception is to the judgment of the trial court validating certain bonds over objection of the intervenor (the plaintiff in error), which judgment is assigned as error in a direct bill of exceptions, and where it is necessary for this court to examine a brief of evidence in order to come to a determination as to the errors alleged to have been committed upon the trial of this issue, an approved brief of evidence is essential for consideration of the record. Where the judge’s certificate precedes the [100]*100brief of evidence, which is attempted to be set out as an exhibit to the bill of exceptions, but which is in no way verified by the trial judge as being the exhibit referred to in the bill of exceptions, such exhibit cannot be considered, and this court has no alternative but to affirm the decision of the trial court. Moore v. Southern Ry. Co., 31 Ga. App. 512 (1) (121 S. E. 138); Blackwell v. Farrar, 208 Ga. 757 (69 S. E. 2d 574); Cornett v. Justice, 209 Ga. 375 (72 S. E. 2d 724); Giles v. Peachtree Pantries, 209 Ga. 536 (74 S. E. 2d 545).

Decided October 15, 1953 Rehearing denied November 3, 1953. J. E. B. Stewart, for plaintiff in error. John W. Langdale, J. B. Edwards, Solicitor-General, contra.

Judgment affirmed.

Gardner, P. J., and Carlisle, J., concur.

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Bluebook (online)

78 S.E.2d 867, 89 Ga. App. 99, 1953 Ga. App. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-echols-county-gactapp-1953.

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