128 Ga. 1 | Ga. | 1907
(After stating the facts.)
There are numerous rulings in reference to the proper method of authenticating affidavits used on the hearing of an application for an interlocutory injunction and hearings of a similar nature.
But it may he said that if this is true, the affidavits relied upon, by the movant should not be considered, for a similar' reason. The affidavits of the movant were attached to the motion for a new trial as exhibits. They were referred to therein and identified by reference to a letter which appears upon each. They were not separately filed in the clerk’s office, but they were filed as a part of the motion itself. In Warnock v. Kilpatrick, supra, the affidavits were not referred to in the motion. Neither were they attached •to the motion at the time it was filed. But the affidavits were simply each filed in the clerk’s office on a date subsequent to the filing of the motion. This was also true in McDonald v. State, supra. The only difference between that case and that of Warnock v. Kilpatrick was that in the latter case, at the time the judge allowed an amendment to the motion for a new trial, containing