HART v. BROOKS

38767.

103 Ga. App. 470 (1961)

119 S.E.2d 602

HART v. BROOKS.

Court of Appeals of Georgia.

Decided April 5, 1961.


Attorney(s) appearing for the Case

Wyatt & Morgan, James R. Lewis, H. T. Quillian, Jr., for plaintiffs in error.

E. W. Fleming, Loeb C. Ketzky, contra.


CARLISLE, Judge.

1. While a brief of the evidence is not required for a consideration of grounds of motion for a new trial, the merits of which can be ascertained without reference to the evidence (Ga. L. 1947, p. 298; Code Ann. § 70-301.1), it is always essential in passing upon what are commonly referred to as the "general grounds" of a motion that the court consider the evidence. Accordingly, the first grant of a new trial by the trial judge on the...

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