From Casetext: Smarter Legal Research

Mays v. Safeway Finance Company, Inc.

Court of Appeals of Georgia
Jul 6, 1976
228 S.E.2d 319 (Ga. Ct. App. 1976)

Opinion

52243.

ARGUED JUNE 7, 1976.

DECIDED JULY 6, 1976.

Action on note. Columbus Municipal Court. Before Judge McCombs.

Henry Mays, Jr., and William R. Kinsley, pro se. Cohn Cohn, Leslie L. Cohn, for appellees.


In this suit on a note, the trial court directed a verdict against the defendants, Mays and McKinley. A pre-trial order limited the trial to whether or not the defendants had received copies of the various insurance policies issued under the loan contract, as required by Code Ann. § 25-301 et seq. (Ga. L. 1955, pp. 431, 432). Nevertheless, at trial the defendants apparently were permitted to introduce evidence of alleged violations of the Industrial Loan Act, Code Ann. § 25-301 et seq., and of Regulation Z of the Federal Truth-In-Lending Act, 15 USCA § 1601 et seq. and 12 C.F.R. § 226.1 et seq.

1. Pretermitting the effect of the subsequent introduction of evidence pertaining to issues outside the pre-trial order, we note that all the enumerations of error require us to review the evidence and proceedings at trial. Inasmuch as there is no transcript or stipulation of the record as provided in Code Ann. § 6-805, we cannot consider the evidentiary errors assigned in this case. Rasberry v. State, 138 Ga. App. 189. Therefore, we must assume that the rulings of the trial court judge were correct.

2. Appellee Safeway's motion to assess the costs of this appeal against the appellants is denied.

Judgment affirmed. Bell, C. J., and Clark, J., concur.


ARGUED JUNE 7, 1976 — DECIDED JULY 6, 1976.


Summaries of

Mays v. Safeway Finance Company, Inc.

Court of Appeals of Georgia
Jul 6, 1976
228 S.E.2d 319 (Ga. Ct. App. 1976)
Case details for

Mays v. Safeway Finance Company, Inc.

Case Details

Full title:MAYS et al. v. SAFEWAY FINANCE COMPANY, INC. OF GEORGIA et al

Court:Court of Appeals of Georgia

Date published: Jul 6, 1976

Citations

228 S.E.2d 319 (Ga. Ct. App. 1976)
228 S.E.2d 319

Citing Cases

Walsey v. Lockhart

Inasmuch as there is no transcript or stipulation of the record as provided in Code Ann. § 6-805 (Ga. L.…

Shuman v. Strickland Transport-Leasing Company

Here, the judge did not affirmatively state that he did not recall the proceedings so the absence of such an…