
    6923.
    Thomas v. Marbut-Thornton Lumber Company.
    Decided May 30, 1916.
    Certiorari; from Eulton superior court — Judge Pendleton. May 21, 1915.
    
      Morris Machs, for plaintiff in error.
    
      O. E. & M. O. Eor Ion, contra.
   Broyles, J.

It appearing from the petition for certiorari that this case was first tried in the municipal court of Atlanta, and was subsequently appealed to the appellate division thereof, where the motion for a new trial was dismissed because no approved brief of evidence had been filed with the appellate division of the court, the judge of the superior court did not err in overruling the petition for certiorari, which assigned the dismissal of the motion as error. Judgment affirmed.  