Continental Life & Health Ins. Co. v. Hand

• Decision Date: 19 November 1919
• Docket Number: 10595.
• Citation: 101 S.E. 193,24 Ga.App. 476
• Parties: CONTINENTAL LIFE & HEALTH INS. CO. v. HAND.
• Court: Georgia Court of Appeals

101 S.E. 193

24 Ga.App. 476

CONTINENTAL LIFE & HEALTH INS. CO. v. HAND.

No. 10595.

Court of Appeals of Georgia, Second Division

November 19, 1919

Syllabus by the Court.

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, specified in the bill of exceptions as such and sent up as a part of the record, but not approved by the judge and ordered filed, cannot 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; Silvey v. Brown, 137 Ga. 104, 72 S.E. 907(1); Barrow v. Barrow, 139 Ga. 806, 78 S.E. 123; Fitzgerald v. Brown, 22 Ga.App. 57, 95 S.E. 377.

The errors assigned in the bill of exceptions being such as cannot 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.

Could we consider the alleged agreed statement of facts as appears in the record before us, we would hold that the evidence contained therein authorized the verdict.

Error from City Court of Floyd County; W. J. Nunnally, Judge.

Action between the Continental Life & Health Insurance Company and Charles Hand. Judgment for the latter, and the former brings error. Affirmed.

J. L. Wallace and C. H. Porter, both of Rome, and Walter McElreath, of Atlanta, for plaintiff in error.

L. H. Covington, of Rome, for defendant in error.

SMITH, J.

Judgment affirmed.

JENKINS, P.J., and STEPHENS, J., concur.