Gairdner v. Tate

• Decision Date: 11 November 1904
• Citation: 48 S.E. 907,121 Ga. 253
• Parties: GAIRDNER v. TATE.
• Court: Georgia Supreme Court

48 S.E. 907

121 Ga. 253

GAIRDNER v. TATE.

Supreme Court of Georgia

November 11, 1904

Syllabus by the Court.

1. Upon the party alleging that a judgment is erroneous is the burden of making it appear to the reviewing court that material error was in point of fact committed; and, when the record of the proceedings sought to be reviewed is so confused or imperfect as not to disclose the alleged error, the judgment is to be presumed right and will be affirmed. Grier v. Brown, 45 S.E. 455, 118 Ga. 670; National Cash Register Co. v. Union Bargain House (W. Va.) 47 S.E. 287.

2. As the present suit was for an accounting and settlement, involving more or less intricate calculations of principal and interest on divers items of debit and credit, and as neither the recitals in the bill of exceptions nor the imperfect summary of the evidence incorporated therein, when considered in the light of the record, furnish the requisite data for calculating interest or determining precisely what debits and credits were allowed the party cast in the suit, this court cannot undertake to say that the judgment rendered against him was, as claimed, for too large an amount.

Error from Superior Court, Elbert County; H. M. Holden, Judge.

Action by E. B. Tate, administrator, against Lavonia Gairdner, administratrix. From the judgment, Gairdner brings error. Affirmed.

Jos. N. Worley, for plaintiff in error.

I. C. Van Duzer and C. P. Harris, for defendant in error.

EVANS, J.

Judgment affirmed. All the Justices concur.