38 S.E.2d 680 | Ga. Ct. App. | 1946
(a) A motion for a new trial, not including the brief of evidence, is a nullity.
(b), (c) Under the provisions of the act creating the Civil Court of Fulton County, an oral motion for a new trial is a nullity in a case where the principal sum sued for is more than $300. The judgment of affirmance in this case is reached after conceding but not deciding that the motion to dismiss the writ of error on the part of the plaintiff is without merit.
We have set out the rulings of the court in their chronological order and we will discuss them in such order.
(a) Did the court err in dismissing the written motion on February 28, 1946? It nowhere appears in the record that a brief of the evidence was submitted and approved, as a part of the motion for a new trial, by the trial court. Under the many decisions of this court and the Supreme Court, a motion for a new trial without a brief of the evidence is a mere nullity. InKalil v. Spivey,
(b It is conceded by the defendant that under the provisions of the act creating the Civil Court of Fulton County, an oral motion for a new trial, in a case where the principal amount sued for is more than $300, is a nullity. Automobile Ins. Co. ofHartford v. Watson,
(c) The plaintiff made a motion to dismiss on the ground that the assignments of error in the bill of exceptions are general and insufficient in law to authorize this court to determine any question involved. We have written this opinion conceding, but not deciding, that the bill of exceptions is sufficient as a matter of law to authorize this court to decide the questions hereinabove set out.
The court did not err in overruling the motions for a new trial for any of the reasons assigned.
Judgment affirmed. Broyles, C. J., and MacIntyre, J.,concur.