Lester v. Johnson
Supreme Court of Georgia
Practice in the Supreme Court. Judgment. Practice in the Superior Court. New trial. Before Judge Speer. Spalding Superior Court. August Term, 1878. The case was a rule against an attorney. At the February term, 1878, of Spalding superior court, an order was taken authorizing the presiding j'udge to hear and determine the law and facts in vacation, with right of exception as though tried by a jury in term time. On the 17th of May, 1878, the judge determined said case.
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Practice in the Supreme Court. Judgment. Practice in the Superior Court. New trial. Before Judge Speer. Spalding Superior Court. August Term, 1878. The case was a rule against an attorney. At the February term, 1878, of Spalding superior court, an order was taken authorizing the presiding j'udge to hear and determine the law and facts in vacation, with right of exception as though tried by a jury in term time. On the 17th of May, 1878, the judge determined said case. Mrs. Lester’s •attorneys prepared their motion for a new trial and brief of evidence, and on the 7th of June, 1878, the…
1Opinion of the Court
Jackson, Justice.
1. The motion to dismiss the motion for a new trial was predicated upon a reason, and that reason is that the movant did not move in time; and the presiding judge' seems to have based his judgment dismissing the new trial upon the same reason. But it is immaterial for what reason a judge grants an order or renders a judgment if the judgment itself be right — especially if the judgment finally disposes of the case by dismissing it. The judgment of the court in this case, for instance, dismissed the motion for a new trial, and thereby disposed of it forever. The court did so…
2Cases cited3 opinions
- Morrison, Heard & Co. v. PonderSupreme Court of Georgia · 1872
- Eve v. CrowderSupreme Court of Georgia · 1877
- Sabattie v. BaggsSupreme Court of Georgia · 1876
3Cited by1 opinion
- Chance v. SimpkinsSupreme Court of Georgia · 1917