Wisenbaker v. Wisenbaker

Supreme Court of Georgia

Wisenbaker v. Wisenbaker

182 S.E.2d 114, 227 Ga. 610, 1971 Ga. LEXIS 795

CourtSupreme Court of Georgia

DecidedMay 6, 1971

Docket26473

StatusPublished

Cited by1 cases

This text of 182 S.E.2d 114 (Wisenbaker v. Wisenbaker) 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

Wisenbaker v. Wisenbaker, 182 S.E.2d 114, 227 Ga. 610, 1971 Ga. LEXIS 795 (Ga. 1971).

Pincite

Opinion

Undercofler, Justice.

This appeal is from the grant of a motion to dismiss. It appears from the order that the trial court in passing upon the motion considered certain depositions. The trial court was authorized to consider this evidence as shown by written stipulation of counsel dated February 19, 1971. We conclude, therefore, the motion to dismiss was treated as a motion [611]*611for summary judgment. Code Ann. § 81A-112 (b) (Ga. L. 1966, pp. 609, 622; 1967, pp. 226, 231; 1968, pp. 1104, 1106).

Argued April 13, 1971 Decided May 6, 1971 Rehearing denied May 20, 1971. Burch & Boswell, John S. Boswell, Sr., for appellants. Coleman-, Blackburn, Kitchens & Bright, Oris D. Blackburn, for appellees.

The notice of appeal directs that the transcript of evidence shall not be transmitted to this court but the evidence and proceedings will be filed in narrative form. A narrative has not been submitted. Code Ann. § 6-805 (i) (Ga. L. 1965, pp. 18, 24). Without the evidence this court is unable to pass upon the questions presented. Webb v. Jones, 221 Ga. 754 (4) (146 SE2d 910).

Judgment affirmed.

All the Justices concur.

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