Louisville & Nashville Railroad v. Nelson

1. In all applications for new trial it is provided that the opposite party shall be served with a copy of the rule nisi, unless such copy be waived. Civil Code, § 6080; McMullen v. Citizens Bank, 123 Ga. 400 (51 S. E. 342); Smedley v. Williams, 112 Ga. 114 (37 S. E. 111). But no time is specified in which such applications are to be heard or rules nisi are to be served. These are matters within the control of the judge in the exercise of a sound discretion.

2. It was not an abuse of discretion to refuse, on motion made at the hearing after both sides had announced ready, to dismiss an…