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138 Ga. 204

Simpson v. Simpson

Supreme Court of Georgia

Decided May 16, 1912

Supreme Court of Georgia · decided 1912-05-16

<p>■ Temporary alimony, etc. Before Judge Brand. Gwinnett superior court. December 8, 1911.</p>

Relies on Milton v. City of Savannah

Good law ✅— No negative treatment on recordhow we know

Decided 1912-05-16

How this case has been cited

Cited by 6 later decisions — most recently November 1964

6 state decisions

30191219201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Beck, J.

¶1On November 15, 1911, the trial judge heard the application of the defendant in error for temporary alimony, and on December 8, 1911, rendered judgment allowing a specified amount as temporáry alimony and another amount as attorney’s fees for counsel representing the applicant. Thereupon the plaintiff in error sued out a bill of exceptions complaining of this judgment. The bill of exceptions was certified on the 20th day of December, 1911. The evidence is not embodied in the bill of exceptions, but an approved brief of the same is specified as a part of the record. It appears that.this brief of the evidence was not approved until the 5th day of January, 1912. Eeld, that the brief of evidence can not be considered by this court. The trial judge was without authority to approve the brief of evidence after the bill of exceptions had been certified. His authority to deal with the brief of evidence in any way, either by changing it or making endorsements thereon, terminated when he signed the certificate to the bill of exceptions. Milton v. City of Savannah, 121 Ga. 89 (48 S. E. 684), and cases cited. And as the only questions raised by the assignments of error are dependent for determination upon the brief of the evidence, the judgment of the court below must be affirmed.

¶2Judgment affirmed.

All the Justices concur.
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