Lee v. Porter

• Court: Georgia Supreme Court
• Writing for the Court: Bleckley, Justice
• Citation: Lee v. Porter, 63 Ga. 345 (Ga. 1879)
• Decision Date: 30 September 1879
• Parties: LEE. v. Porter, surviving partner.

63 Ga. 345

LEE. v. Porter, surviving partner.

Supreme Court of the State of Georgia

(September Term, 1879.)

[Warner, Chief Justice, being engaged in presiding over the senate, organized as a court of impeachment, did not sit in this case.]

Bill of exceptions. Evidence. Practice in the Supreme Court. September Term, 1879.

Reported in the decision.

EmmETT Womack, for plaintiff in error.

Clarke & Pace; H. K. McCay, for defendant.

Bleckley, Justice.

In the court below, this was a rule for the distribution ofmoney. The parties to the present writ of error were competing creditors, each claiming a judgment lien upon the *fund. The issue as to both law and fact was, by consent, tried by the court without a jury, and the judgment is excepted to generally, with no specification as to whether the error intended to be alleged was a mistaken finding upon the facts, or an erroneous ruling on some point of law. A material part of the evidence was documentary, such as exemplifications from the records of other courts, and no copy of the documents is brought up, nor does any recital of their contents appear. The bill of exceptions merely represents that this and that writing showed so and so, stating the supposed legal effect, but not in a way to enable this court to determine for itself what conclusions ought to have been drawn from them. At the call of the case here, the defendant in error moved to dismiss the writ of error for this deficiency in the record. The assignment of error being...