Ross v. Garraux

Plaintiff in error filed a motion for new trial in the city court of Atlanta. The trial judge granted a rule nisi thereon, setting the hearing for Saturday, November 30, 1918, in term time. There was no order respecting any extension of the time for filing for approval a brief of the evidence. IJpon the call of the motion on the date set the following occurred, as is set out in the bill of exceptions: “Counsel for plaintiff appeared in open court, and when said motion was called made the following statement and request: ‘May it please your honor, we have ho brief of the evidence in this case,…