John Silvey & Co. v. Brown

• Decision Date: 15 November 1911
• Parties: JOHN SILVEY & CO. et al. v. BROWN.
• Court: Georgia Supreme Court

72 S.E. 907

137 Ga. 104

JOHN SILVEY & CO. et al. v. BROWN.

Supreme Court of Georgia

November 15, 1911

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, sent up as a part of the record, but not approved by the judge and ordered filed as such, 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.

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. Id.

Acts 1911, p. 150, § 3, is applicable, according to its terms, exclusively to motions for a new trial, and is not applicable to this case, wherein there was no motion for a new trial.

Error from Superior Court, Lowndes County; J. H. Merrill, Judge.

Action between John Silvey & Co. and others and Jack Brown. From the judgment, Silvey & Co. and others bring error. Affirmed.

W. C. Lane, Jno. R. L. Smith, and Hardeman, Jones, Callaway & Johnston, for plaintiffs in error.

Woodward & Smith, for defendant in error.

FISH, C.J.

Judgment affirmed. All the Justices concur, except BECK, J., absent, and HILL, J., not presiding.