140 S.E.2d 927
41158.Court of Appeals of Georgia.
DECIDED FEBRUARY 9, 1965.
PANNELL, Judge.
Where, to a judgment rendered prior to a defendant’s adjudication as a bankrupt, the defendant files a plea for stay of execution, which stay is granted pending determination of discharge, and where subsequently the defendant filed his plea of discharge in bankruptcy and after hearing thereon the plea is denied, and the defendant, in his bill of exceptions to this court, assigns error on the denial of his plea, held:
There being in the record before this court no brief of evidence or stipulation of facts in proof of the allegations contained in the plea, and a consideration thereof being necessary to a decision of the sole assignment of error, the judgment of the trial judge denying said plea must be affirmed. Whitner v. Whitner, 207 Ga. 97, 100 (60 S.E.2d 464); Pierce v. Felts, 146 Ga. 716 (92 S.E. 212); White v. Hornsby, 191 Ga. 462 (2) (12 S.E.2d 875); Walker v. Hamilton, 209 Ga. 735, 738
(76 S.E.2d 12); Lewis Matthews v. W. J. Sams Son, 22 Ga. App. 222
(95 S.E. 764).
Judgment affirmed. Nichols, P. J., and Eberhardt, J., concur.
DECIDED FEBRUARY 9, 1965.
Page 180
Complaint. DeKalb Civil and Criminal Court. Before Judge Morgan.
E. B. Shaw, for plaintiff in error.
Lipshutz, Macey, Zusmann Sikes, Robert, A. Elsner, contra.