Satterwhite v. Mansfield , 91 Ga. App. 450 ( 1955 )

Nichols, J.

The stenographic report of the trial of the case, as specified in the bill of exceptions and included in the record, contains: objections of counsel to the admission of evidence, argument, and rulings of the court thereon; statements of counsel as to the theory of the petition, as to what a party intended to show, and as to the nature of documentary evidence offered; statements of the court; colloquy excusing witnesses; and a motion for an adjournment of the hearing. This does not show a bona fide attempt to comply with the requirement of Code (Ann. Supp.) §§ 6-802, 70-305, and 70-312 (Ga. L. 1953, Nov.-Dee. Sess., pp. 440, 445 et seq.), that immaterial parts of the report of the trial be stricken, in order to use such report in lieu of a brief of evidence. This court will not undertake to separate material evidence from extraneous matter where counsel have not undertaken to do so, and will not pass upon assignments of error requiring a consideration of the evidence where the evidence is not in proper form for consideration. Brown v. Clarke, 211 Ga. 61 (84 S. E. 2d 14); Williamson v. Yakupian, 211 Ga. 61 (84 S. E. 2d 15); Boston Ins. Co. v. Harmon, 66 Ga. App. 383 (1) (18 S. E. 2d 84). There being no assignments of error in the bill of exceptions which do not require a consideration of the evidence, and the evidence not being set out in the manner prescribed by statute for consideration by this court, we must assume that the judgment of the trial court was correct. Judgment affirmed.