34 S.E.2d 836 | Ga. | 1945
1. "`A brief of evidence is essential to the validity of any motion for new trial;' and this is true even though `the only ground of the motion . . insisted upon [does] not require a consideration of any of the evidence introduced on the trial.'" Dollar v. Fred W. Amend Co.,
2. In accordance with the foregoing ruling, the present motion, styled by the movant as a motion in arrest of judgment, can not be treated as a motion for new trial, as was done by the presiding judge and a new trial granted, even though it should be assumed, as contended, that, since the verdict for divorce was unexcepted to and only the *628
finding for alimony complained of (Boone v. Boone,
3. Under the facts disclosed by the record the verdict in favor of the plaintiff for alimony was in part void on its face, since, in allowing alimony for the plaintiff in the amount of one half of the value of the defendant's property, it sought to delegate part of the jury's function to a commission to be appointed by the judge to ascertain the value thereof; but, since it did find that the plaintiff was entitled to one half of the value of the defendant's property, and since the defendant has solemnly admitted in his pleadings that he owned specified property of the value of $2256.25, the verdict will be treated as valid to the extent of one half of the value of the property thus specified by the defendant himself.
4. Where the jury provides permanent alimony for the wife in an amount capable of exact determination, a provision in the verdict that it be discharged by designated weekly payments does not prevent the court by its decree from providing a lien for the protection of such judgment.
5. In view of the foregoing rulings, the court erred in treating the motion in arrest of judgment as a motion for new trial and in ordering that the verdict be set aside and a new trial granted; and direction is given that the motion in arrest of judgment be denied, and that the plaintiff write off from the amount thereof the sum of $121.88, so that it will stand in favor of the plaintiff in the amount of $1128.12, representing one half of the value of the defendant's property as admitted by his plea and answer.
Judgment reversed, with direction. Bell, C. J., Duckworth,Atkinson, and Wyatt, JJ., concur.