Baker v. Johnson & Harris
Supreme Court of Georgia
Motion for new trial. Before Judge Reese. "Warren superior court. April term, 1895. Elizabeth F. Baker, one of the defendants, moved for a new trial on the grounds that the verdict was contrary to law, evidence, and the principles of justice and equity.
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Motion for new trial. Before Judge Reese. "Warren superior court. April term, 1895. Elizabeth F. Baker, one of the defendants, moved for a new trial on the grounds that the verdict was contrary to law, evidence, and the principles of justice and equity. Thereupon the court passed an order, that the plaintiffs show cause during the May term, 1895, of the superior court of Wilkes county, why the motion should not be granted, and that movant be “allowed until the hearing to prepare and file a brief of the evidence in said case and amend her motion.” During said May term movant offered an…
1Opinion of the Court
Atkinson, Justice.
A brief of evidence is indispensable as a part of a lawful motion for new trial. The court, as a matter of grace, made an order by which the movant was “allowed until the hearing to prepare and file a brief of the -evidence in said caso and amend her motion.” Until the brief of evidence was prepared, presented and ordered filed, a motion for new trial was not made. This order was not complied with, and when the case came on to be heard, it was properly dismissed. The movant insists, however, that inasmuch as she amended her motion by the insertion of a ground to the…
2Cited by33 opinions
- Georgia Railway & Electric Co. v. HamerCourt of Appeals of Georgia · 1907
- Whitaker v. StateSupreme Court of Georgia · 1912
- Moxley v. Georgia Railway & Electric Co.Supreme Court of Georgia · 1905
- Lucas v. LucasSupreme Court of Georgia · 1934
- Wills v. WillsSupreme Court of Georgia · 1959
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