Town of Fairburn v. Edmondson

• Citation: 129 S.E. 108,160 Ga. 792
• Decision Date: 13 August 1925
• Docket Number: 4951.
• Parties: TOWN OF FAIRBURN ET AL. v. EDMONDSON.
• Court: Georgia Supreme Court

129 S.E. 108

160 Ga. 792

TOWN OF FAIRBURN ET AL. v. EDMONDSON.

No. 4951.

Supreme Court of Georgia

August 13, 1925

Syllabus by Editorial Staff.

Where bill of exceptions complains of judgment granting interlocutory injunction, and case was submitted on pleadings and affidavits, and such evidence was not incorporated in bill of exceptions, referred to therein, or attached as exhibit, and no brief of evidence was approved, but affidavits were specified as part of record to be sent up, such affidavits, not being part of record, cannot be specified and sent up, and judgment must be affirmed, since without such evidence Supreme Court cannot determine whether there was error.

Error from Superior Court, Campbell County; John B. Hutcheson, Judge.

Action between the Town of Fairburn and others and N. P. Edmondson. Judgment for the latter, and the former bring error. Affirmed.

Lawrence S. Camp, of Atlanta, for plaintiffs in error.

William B. Jones, of Fairburn, for defendant in error.

Syllabus OPINION.

HINES, J.

Where the bill of exceptions complains of a judgment granting an interlocutory injunction, and it appears therefrom that upon the hearing of the application for temporary injunction the case was submitted to the court upon the pleadings and certain affidavits, some in behalf of petitioner and some for the respondents, and such evidence is neither incorporated in the bill of exceptions nor referred to therein, and attached thereto as an exhibit properly authenticated, and no brief of the evidence has been approved and filed so as to become a part of the record, but such affidavits are merely specified by the excepting party as a part of the record to be sent up to this court by the clerk of the lower court, such affidavits, not being a part of the record in the case, cannot be specified and sent to this court as such, and the judgment of the trial judge must be affirmed, as without such evidence this court cannot determine the question whether the judge erred in rendering the judgment complained of. Silvey v. Brown, 137 Ga. 104, 72 S.E. 907; Barrow v. Barrow, 139 Ga. 806, 78 S.E. 123; Kennedy v. Rogers, 145 Ga. 292, 88 S.E. 974; Scott v. Wage Earners' Loan & Investment Co., 147 Ga. 576, 94 S.E. 1021; Leggett v. Pridgen, 150 Ga. 115, 102 S.E. 829; Caldwell v. Sturdivant, 155 Ga. 590, 118 S.E. 39.

Judgment affirmed.

All the Justices concur.