30 Ga. 344 | Ga. | 1860
By the Court.
delivering the opinion.
1. There is not enough in the bill of exceptions to show that any error was committed in rejecting the written agreement; and error must affirmatively appear. It is obvious that the bill of exceptions does not disclose the real ground on which the agreement was rejected. The- opinion of the Judge refusing a new trial supplies the deficiency, but does not show error; for from that it appears that there was a subscribing witness to the instrument. Of course the paper could not go in evidence without resorting to him or accounting for him.
2. One additional view disposes of the whole case. The question is not whether the main contract which theplaintiff and defendant made, is binding or void, but whether this particu
Judgment affirmed.