Miller v. Thigpen
Supreme Court of Georgia
Motion for new trial. Before Judge Adams. City court of Dublin. August 31, 1904. This case was tried at the June term, 1904, of the city court of Dublin. The defendant filed a motion for a new trial during the term, and the rule nisi was made returnable on June 27, “at the court-house in Dublin.” An order provided that the brief of. evidence should be presented for approval “on or before that'date, or in default the motion will be dismissed.”
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Motion for new trial. Before Judge Adams. City court of Dublin. August 31, 1904. This case was tried at the June term, 1904, of the city court of Dublin. The defendant filed a motion for a new trial during the term, and the rule nisi was made returnable on June 27, “at the court-house in Dublin.” An order provided that the brief of. evidence should be presented for approval “on or before that'date, or in default the motion will be dismissed.” On June 27, an order was passed which recited that the brief of evidence had not been prepared, owing to sickness in the family of the stenographer, and…
1Opinion of the CourtCobb, J.
The record discloses that the rule nisi and original order were granted in term, and that the order of August 31 was .granted in vacation. It does not appear whether the other orders were in term or vacation. If these intervening orders were all in term, the effect of the failure to present for approval a brief of the evidence on August 22 would not result in a dismissal of ’the motion for a new trial, but would simply carry it over to the next term undisposed of, to be then dealt with in conformity to law. If, on the other hand, these orders were in vacation, the failure of the judge to take…
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