106 Ga. 97 | Ga. | 1898
At the May term, 1898, of the superior court of Muscogee county, the case of Blanchard, administrator of F. M. Castellaw, against C. B. Rouse and others, was heard and determined. On May 11, counsel for C. B. Rouse demurred orally to certain parts of the answer and cross-petition of B. T. Castellaw. The court sustained the demurrer. Certain issues, of fact were then submitted to a jury, and on May 12 a verdict, was returned finding the issues submitted against the contention of B. T. Castellaw. Counsel for the administrator of F. M. Castellaw having filed an amended petition setting forth his-account with the estate and asking therein for extra compensation for himself as administrator, it was agreed that this application should be heard and determined by the court without a jury, at such time during the term as the court should appoint. On May 19, B. T. Castellaw filed exceptions to the; final decree which was proposed to be taken upon the verdict, above referred to, and also objections to- the- claim for extra compensation. The hearing of these exceptions and objections was postponed until June 16, when the court, after hearing the. evidence on the application for extra compensation, refused to allow the same, but did allow the administrator one hundred dollars as attorney’s fees. A final decree in the case was entered on the same day. On that day the defendant B. T. Castellaw made a motion for a new trial, and the hearing of this motion was continued from time to time- until the 19th day of August. The brief of evidence presented at the hearing of the motion for a new trial contained, not only the evidence introduced upon the trial before the jury, but also- that introduced before the judge upon the application for extra compensation. Counsel for Rouse objected to the court’s approving the brief of evidence thus presented, and the objection was sustained, the court requiring that the two briefs, should be separated and the one containing the evidence adduced on the trial before the jury should be filed as the brief of evidence with the motion fór a new trial. After the motion for a new trial had been
It was contended, however, that after the record reached this court a proper affidavit had been filed in the office of the clerk of this court, and that accompanying the same was a good and
Counsel for plaintiff in error was by express permission of the court allowed to argue the case subject to its decision on the sufficiency of the pauper affidavit to relieve him from the payment of costs. He was notified that the affidavit would be held to be insufficient, and the costs have been paid.
Judgment affirmed.