Narrative Opinion Summary
The appeal concerns the denial of the appellant's motion for a new trial. There is no transcript of the evidence available because the case was unreported, and the counsel could not agree on the evidence, while the court was unable to recall it. As the enumerations of error depend on the evidence, which is absent, they cannot be reviewed. Consequently, the judgment is affirmed, with all Justices concurring. The case references Cowart v. Cowart, 223 Ga. 487 (150 SE2d 94). The appeal was argued on July 8, 1968, and decided on July 16, 1968, with representation from Kearns, Bryan, Thomas R. Bryan, Jr. for the appellant and Milton Hirsch, Ray, Owens, Keil, Hirsch, and M. Douglas Hodges for the appellee.
Legal Issues Addressed
Affirmation of Judgment in Absence of Evidencesubscribe to see similar legal issues
Application: Without a transcript or record of the evidence, the trial court's judgment is upheld.
Reasoning: Consequently, the judgment is affirmed, with all Justices concurring.
Review of Errors in Absence of Evidencesubscribe to see similar legal issues
Application: The appellate court cannot review enumerations of error when the evidence needed to support them is unavailable.
Reasoning: As the enumerations of error depend on the evidence, which is absent, they cannot be reviewed.