Wright v. Cooper, 45790

• Decision Date: 22 January 1971
• Docket Number: No. 45790,No. 2,45790,2
• Citation: 180 S.E.2d 261,123 Ga.App. 204
• Parties: Jerome WRIGHT v. Jerry COOPER et al
• Court: Georgia Court of Appeals

Page 261

180 S.E.2d 261

123 Ga.App. 204

Jerome WRIGHT v. Jerry COOPER et al.

No. 45790.

Court of Appeals of Georgia, Division No. 2.

Jan. 22, 1971.

Grace W. Thomas, Atlanta, for appellant.

Swift, Currie, McGhee & Hiers, W. Wray Eckl, Atlanta, for appellees.

Syllabus Opinion by the Court

JORDAN, Presiding Judge.

This is an appeal from the following judgment:

'The above case having come on for hearing and trial, jury having been waived for limited purposes and defendants having moved to dismiss and to bar plaintiff's claim, and after hearing evidence, it is hereby ordered that plaintiff's complaint is dismissed with prejudice.'

Whether the asserted errors disclose error harmful to the appellant cannot be determined without a consideration of the evidence adduced at the hearing, but the appellant has failed to comply with the statutory requirements for a transcript of the evidence. Under repeated rulings of this court and the Supreme Court the judgment of the lower court will be affirmed. White v. Gnann, 225 Ga. 398, 169 S.E.2d 301; Lankford v. Lakford, 225 Ga. 147, 166 S.E.2d 354; Terry v. Warner Robins Supply Company, 225 Ga. 5, 165 S.E.2d 731; Cantrell v. Abernathy, 120 Ga.App. 318, 170 S.E.2d 319; Allstate Leasing Corporation v. Samples, 115 Ga.App. 213, 154 S.E.2d 423.

Judgment affirmed.

QUILLIAN and EVANS, JJ., concur.