110 Ga. 263 | Ga. | 1899
1. It is not cause for the dismissal of a writ of error that “there is no identification whatever of the contracts referred to in the bill of exceptions whereby same can be recognized,” when enough appears in the bill of exceptions and the transcript of the record, without such contracts, to enable the Supreme Court to ascertain the real questions made in the case.
2. A demurrer must be decided only upon a consideration of the pleadings. It can derive no aid from extrinsic evidence. Seibels v. Hodges, 65 Ga. 245; Constitution Publishing Co. v. Stegall, 97 Ga. 405; Augusta & Savannah R. R. Co. v. Lark, Id. 800; Sasser v. Adkins, 108 Ga. 230. Hence, where there was a general demurrer to an ’ affidavit of illegality to the foreclosure of a chattel mortgage, and the trial judge, in adjudicating upon the legal sufficiency of the affidavit, considered the statement of an account between the mortgagee and mortgagor, which was annexed to the mortgage, and.also considered, as shown in the judgment rendered, certain contracts entered into
Judgment reversed.