91 Ga. 197 | Ga. | 1893
1. The writ of error being predicated on a judgment denying a motion to set aside a previous judgment foreclosing a mortgage, which motion alleged as the grounds thereof matters of fact not
2. The evidence introduced at the hearing below consisting of numer- ■ ous writings such as affidavits, petitions or motions and orders-thereon, and the same not having been briefed or abstracted nor any attempt having been made to prepare a brief as distinguished from the evidence in full, and a large proportion of the contents ■ of the papers being utterly immaterial, the act above referred to is no more complied with by bringing up such a medley of material and immaterial matter than it would have been by omitting the evidence altogether. Ryan v. Kingsbery, 88 Ga. 361; Harris v. McArthur, 90 Ga. 216, 15 S. E. Rep. 758; Farmers Alliance Ex-change v. Crown Cotton Mitts, ante, 178; Cooper v. Whaley, 90 Ga. 285, 15 S. E. Rep. 824; Stubbs v. The- State, 86 Ga. 773.
3. There being a motion to dismiss the writ of error for want of a-brief of evidence, the motion is granted.
Writ of error dismissed.