Washington v. Quattlebaum

Wyatt, Justice.

1. Where, as in. this case, an order dismissing a motion for new trial was rendered on November 7, 1951, and the bill of exceptions to this judgment presented to the trial court on December 24, 1951, the exception comes too late and can not be considered by this court. Code, § 6-902.

2. A motion to reinstate the case was filed after the time allowed for excepting to the judgment dismissing the motion for new trial. The motion had been dismissed because no brief of evidence had been filed, and because the rule nisi in the motion for new trial was directed to parlies other than…