McDougall v. Stoner

Deen, Presiding Judge.

Where a motion for new trial is defective in that no rule nisi signed by the trial judge is sought or obtained, setting the same for hearing and accompanied by service on the opposite party, and there is no amendment and no waiver, a motion to dismiss should be sustained.

There is no statute of limitation limiting the pendency of a motion for new trial, the filing of which nevertheless operates as a supersedeas of the judgment. Code Ann. § 81A-162 (b). Therefore, to allow a motion for new trial without the accompanying rule nisi setting a date for hearing would…