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Lawskills.com Georgia Caselaw
WISENBAKER et al. v. WISENBAKER et al.
26473.
UNDERCOFLER, Justice.
Cancellation. Lowndes Superior Court. Before Judge Franklin.
This appeal is from the grant of a motion to dismiss. It appears from the order that the trial court in passing upon the motion considered certain depositions. The trial court was authorized to consider this evidence as shown by written stipulation of counsel dated February 19, 1971. We conclude, therefore, the motion to dismiss was treated as a motion for summary judgment. Code Ann. 81A-112 (b) (Ga. L. 1966, pp. 609, 622; 1967, pp. 226, 231; 1968, pp. 1104, 1106).
The notice of appeal directs that the transcript of evidence shall not he transmitted to this court but the evidence and proceedings will he filed in narrative form. A narrative has not been submitted. Code Ann. 6-805 (i) (Ga. L. 1965, pp. 18, 24). Without the evidence this court-is unable to pass upon the questions presented. Webb v. Jones, 221 Ga. 754 (4) (146 SE2d 910).
Coleman, Blackburn, Kitchens & Bright, Oris D. Blackburn, for appellees.
Burch & Boswell, John S. Boswell, Sr., for appellants.
ARGUED APRIL 13, 1971 -- DECIDED MAY 6, 1971 -- REHEARING DENIED MAY 20, 1971.
Friday May 22 16:23 EDT


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