WHITNER v. WHITNER

32783.

80 Ga. App. 831 (1950)

57 S.E.2d 458

WHITNER v. WHITNER, executrix.

Court of Appeals of Georgia.

Rehearing Denied February 9, 1950.


Attorney(s) appearing for the Case

Poole, Pearce & Hall, for plaintiff in error.

Nall & Sterne, Walter G. Cooper, contra.


TOWNSEND, J.

Under the Code (Ann. Supp.) § 70-301.1 (Ga. L. 1947, p. 298), a brief of the evidence shall not be required to be filed with any motion for a new trial where the assignments of error made in the motion for a new trial, or the amended motion for a new trial, do not require the consideration by the court of the evidence in said case. However, where, as here, the bill of exceptions assigns error on the overruling of special demurrers to an amendment...

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