147 Ga. 463 | Ga. | 1917
1. It was ruled in Moss v. Birch, 102 Ga. 556 (28 S. E. 623), that “Where in a bill of exceptions the only error assigned is that the presiding judge refused to grant an injunction, and the evidence
2. Where the evidence on an interlocutory hearing, consisting of affidavits and documents, is by the presiding judge ordered filed as a part of the record, and is so filed, and where the bill of exceptions specifies such affidavits and documents as material to an understanding of the errors complained of, and such affidavits and documents are merely brought to this court as a part of the transcript of record under the certificate of the clerk, but no attempt whatever has been made to brief the same, or to eliminate the immaterial and unnecessary portions thereof, the same will not be considered by this court. A consideration of the evidence submitted on the interlocutory hearing being necessary for the determination of the only questions involved in the case, this court is unable to review the correctness of the final judgment upon the merits; and affirmance of the judgment of the court below must necessarily result.
Judgment affirmed.