Johnson v. Gleaton

• Court: Georgia Court of Appeals
• Writing for the Court: POWELL
• Citation: Johnson v. Gleaton, 4 Ga. App. 383, 61 S. E. 493 (Ga. App. 1908)
• Decision Date: 16 May 1908
• Docket Number: (No. 1,094.)
• Parties: JOHNSON. v. GLEATON, JONES & CO.

4 Ga.App. 383

61 S.E. 493

JOHNSON.

v.GLEATON, JONES & CO.

(No. 1, 094.)

Court of Appeals of Georgia.

May 16, 1908.

Writ of Error—Bill of Exceptions—Evidence.

"Where no motion for new trial is made, the evidence should be embodied in the bill of exceptions, or attached as an exhibit thereto, and properly identified (or, since Acts 1889, p. 114 [Civ. Code 1895, § 5529], contained in a brief approved by the trial judge and made a part of the record). A rule to distribute money havingbeen tried on an agreed statement of facts, and exceptions been taken to the ruling thereon, the embodiment in the record of what purports to be a copy of the agreement, signed by counsel, is not sufficient." Mann v. Archer, 69 Ga. 767. See, also, Partridge v. Hollinshead, 105 Ga. 282, 30 S. E. 787.

[Ed. Note.—For cases in point, see Cent. Dig. vol. 3, Appeal and Error, §§ 2433-2439.]

(Syllabus by the Court.)

Error from City Court of Albany; D. F. Crosland, Judge.

Action between H. W. Johnson and Gleaton, Jones & Co. From the judgment, Johnson brings error. Dismissed.

L. W. Nelson, for plaintiff in error.

Wooten & Hofmayer, for defendant in error.

POWELL, J. Writ of error dismissed.