Whiteman v. Cousins

Court of Appeals of Georgia

Whiteman v. Cousins

33 S.E.2d 741, 72 Ga. App. 420, 1945 Ga. App. LEXIS 595

CourtCourt of Appeals of Georgia

DecidedApril 3, 1945

Docket30827.

StatusPublished

This text of 33 S.E.2d 741 (Whiteman v. Cousins) 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

Whiteman v. Cousins, 33 S.E.2d 741, 72 Ga. App. 420, 1945 Ga. App. LEXIS 595 (Ga. Ct. App. 1945).

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Opinion

Parker, J.

Where a bill of exceptions is based upon a judgment of the appellate division of the civil court of Pulton County affirming, without giving any reason, the judgment of the trial judge overruling an oral motion for new trial, and the appeal to the appellate division, which, under the statute (Ga. L. 1933, p. 290, sec. 42 (d)), consists of “a written statement of the grounds of his motion [for new trial], and the errors of which he [appellant] complains,” is neither specified as a material Jpart of the record, nor contained anywhere in the record, and the material portions of the appeal are not set out in the bill of exceptions, it is impossible for this court to determine whether error was committed, and nothing is presented for our consideration. Code, §§ 6-901, 6-1607; Warren v. Oliver, 111 Ga. 808 (35 S. E. 673). There being no motion to dismiss, and the result to the parties being the same, under authority of Mobley v. Ellis, 37 Ga. App. 683 (4) (141 S. E. 321), and West Green School District v. Peoples Planing Mill Co., 46 Ga. App. 48 (166 S. E. 439), the judgment is

Affirmed.

Sutton, P. J., and Felton, J., concur.

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Parker, J.

Where a bill of exceptions is based upon a judgment of the appellate division of the civil court of Pulton County affirming, without giving any reason, the judgment of the trial judge overruling an oral motion for new trial, and the appeal to the appellate division, which, under the statute (Ga. L. 1933, p. 290, sec. 42 (d)), consists of “a written statement of the grounds of his motion [for new trial], and the errors of which he [appellant] complains,” is neither specified as a material Jpart of the record, nor contained anywhere in the record, and the material portions of the appeal are not set out in the bill of exceptions, it is impossible for this court to determine whether error was committed, and nothing is presented for our consideration. Code, §§ 6-901, 6-1607; Warren v. Oliver, 111 Ga. 808 (35 S. E. 673). There being no motion to dismiss, and the result to the parties being the same, under authority of Mobley v. Ellis, 37 Ga. App. 683 (4) (141 S. E. 321), and West Green School District v. Peoples Planing Mill Co., 46 Ga. App. 48 (166 S. E. 439), the judgment is

Affirmed.

Sutton, P. J., and Felton, J., concur.

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Bluebook (online)

33 S.E.2d 741, 72 Ga. App. 420, 1945 Ga. App. LEXIS 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whiteman-v-cousins-gactapp-1945.

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