15 Ga. App. 668 | Ga. Ct. App. | 1915
Mrs. Mewborn brought a bail-trover action, in the municipal court of Atlanta, against Lizzie Weitzer, to recover a diamond ring. A judgment was given to the latter by the trial judge, sitting without a jury, and, the plaintiff’s motion for a new trial being denied by the trial judge, and by the appellate division of the court, to which she had appealed, she brings error.
1. In McWilliams v. Smith, 142 Ga. 209 (82 S. E. 569), and in Cooney v. Foote, 142 Ga. 647 (83 S. E. 539), the Supreme Court held that the act creating the municipal court of Atlanta, and the appellate ’division thereof, was constitutional.
3. Through inadvertence, an order signed by the court on March 18, 1914, recited that the judgment was dated February 10, 1914, when in truth and in fact it was dated February 16, 1914. It was not error for the court, but was proper, to pass an order on Marcli 28, 1914, at the same term of court, correcting the former-order,- so as to make it speak the truth. Civil Code, § 4644 (6).
4. On a motion for a new trial, a proper brief of evidence is as