Miles v. Johnson

Beid, Chief Justice.

The present writ of error involves a re fusal of the trial judge to entertain an “extraordinary motion for new trial,” filed by the plaintiffs in error in a case wherein they were defendants and James Arlon Johnson et al. were plaintiffs. The grounds set out in the motion as to why a new trial should be granted are not themselves extraordinary. They are grounds which might have been made in an ordinary motion timely filed, and not such as have subsequently arisen. Compare Cox v. Hillyer, 65 Ga. 57; Harris v. Roan, 119 Ga. 379 (46 S. E. 433); Wheeler v. State, 149 Ga. 473…