East Tennessee, Virginia & Georgia Railroad v. Whitlock

A motion for new trial in extraordinary cases, as provided in §§3719, 3721 of the Code, was intended, in a great degree, to take the place of a bill in equity for new trial. The parties are allowed, by this motion, to do at law what could have been done only in equity before that time; and hence it must follow that such a motion must contain clearly and specifically all the grounds necessary to have been averred in a bill for new trial. 3 Graham & W. on N. Tr., 1454 et seq.(a) Where, pending the term of court at which a trial took place, •counsel prepared the papers to make a motion for a new…