Lowery v. Horn

Court of Appeals of Georgia

Decided November 2, 1978

Court of Appeals of Georgia · decided 1978-11-02

Key passage — most relied on by later courts

“[t]he burden is always on the appellant in asserting error to show it affirmatively by the record.”

quoted by 1 later decision, including 192 Ga. App. 359 - State v. O'QUINN

Relies on 127 Ga. App. 151 - Maloy v. Dixon · 132 Ga. App. 426 - Smith v. Forrester · 132 Ga. App. 70 - Finley v. Franklin Aluminum Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1978-11-02

How this case has been cited

Cited by 13 later decisions — most recently May 2013

13 state decisions

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.

View the full empirical analysis of this case →

Webb, Judge.

¶1 The appellant’s brief contains no citation to the record in support of the errors enumerated as required by Rule 18 (c) (3) of this court. " 'The burden is always on the appellant in asserting error to show it affirmatively by the record.’ [Cits.]” Smith v. Forrester, 132 Ga. App. 426 (1) (208 SE2d 199) (1974). "The brief cannot serve in the place of the record or the transcript for the purpose of demonstrating error or for supporting a claim of error.” Maloy v. Dixon, 127 Ga. App. 151, 154 (193 SE2d 19) (1972); Finley v. Franklin Aluminum Co., 132 Ga. App. 70, 71 (1) (207 SE2d 543) (1974).

¶2 Judgment affirmed.

Qullian, P. J., and McMurray, J., concur.