Askew v. Hogansville Cotton Oil Co

• Decision Date: 16 November 1906
• Citation: 55 S.E. 921,126 Ga. 807
• Parties: ASKEW et al. v. HOGANSVILLE COTTON OIL CO.
• Court: Georgia Supreme Court

55 S.E. 921

(126 Ga. 807)

ASKEW et al.

v.HOGANSVILLE COTTON OIL CO.

Supreme Court of Georgia.

Nov. 16, 1906.

1. Appeal—Transcripts op Record.

Affidavits, documents, and records, introduced in evidence, but not incorporated in an approved brief of evidence, so as to become a part of the record, cannot be properly specified as parts of the record, so as to authorize transcripts thereof to be transmitted to this court. Hancock v. McNatt, 42 S. E. 525, 116 Ga, 297; Sayer v. Brown, 46 S. E. 649, 119 Ga. 539.

2. Same—Documentary Evidence—Dismissal.

Affidavits, documents, and records submitted in evidence on the hearing should be in-corporated in the bill of exceptions to review a refusal of an interlocutory injunction, or be attached thereto as exhibits, duly and properly identified, or be embodied in an approved brief of evidence and brought up as part of the record. Where none of these methods is adopted, but copies of such affidavits and documents are sent up as parts of the record, for the reason that the originals have marked thereon the word "Identified, " followed by the signature of the trial judge, such affidavits and documents have not been brought to this court in the maner prescribed by law, and therefore they cannot be considered. Eubank v. Eastman, 48 S. E. 426, 120 Ga. 1048; Roberts v. Hein-sohn, 51 S. E. 589, 123 Ga. 685.

(a) Applying the rules above announced to the present case, wherein the only question made by the assignment of error necessarily involves a consideration of the evidence, no adjudication therein can be had, and the writ of error must therefore be dismissed.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 2607, 2056, 2957, 3126.]

(Syllabus by the Court.)

Error from Superior Court, Troup County; A. D. Freeman, Judge.

Action between J. F. Askew and others and the Hogansville Cotton Oil Company. From the judgment, Askew and others bring error. Dismissed.

Spencer R. Atkinson, H. A. Hall, and Isaac Jackson, for plaintiffs in error.

Evins & Spence, for defendant in error.

PER CURIAM. Writ of error dismissed. All the Justices concur.