Mayor of Brunswick v. Davenport
Supreme Court of Georgia
Motion for new trial. Before Judge Parker. Glynn superior court. December 5, 1907. On December 4, 1906, during the regular term of Glynn superior court, the case of Mallie R. Davenport against the Mayor and Council of the City of Brunswick was tried, resulting in a verdict and judgment for the plaintiff.
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Motion for new trial. Before Judge Parker. Glynn superior court. December 5, 1907. On December 4, 1906, during the regular term of Glynn superior court, the case of Mallie R. Davenport against the Mayor and Council of the City of Brunswick was tried, resulting in a verdict and judgment for the plaintiff. On December 5, 1906, while the term was still in session, the defendant filed its motion for a new trial, which was regularly filed, and the following order taken thereon: “Read and considered. It is ordered that the plaintiff Mallie R. Davenport show cause before me at Brunswick, Ga., at 1Ó…
1Opinion of the CourtEvans, P. J.
(After stating the foregoing facts.)
We think the coñrt erred in dismissing the motion for new trial under the circumstances appearing in the statement of facts. The statute requires a motion for new trial to be filed during the term at which the trial was had, and after the term has ended it is too late to file the motion. A brief of evidence is an indispensable part of .the motion for new trial, and must be filed either during the term at which the motion was made, or it may be filed in vacation if a term order is taken granting this privilege.^ A failure to file the brief of evidence in…
2Cases cited4 opinions
- Hilt v. YoungSupreme Court of Georgia · 1902
- Taliaferro v. Columbus Railroad Co.Supreme Court of Georgia · 1908
- Moxley v. KinlochSupreme Court of Georgia · 1887
- Davis v. HowardSupreme Court of Georgia · 1876
3Cited by5 opinions
- Garraux v. RossSupreme Court of Georgia · 1920
- Connor v. StateCourt of Appeals of Georgia · 1909
- Peagler v. DavisSupreme Court of Georgia · 1916
- McLendon v. RichardsonCourt of Appeals of Georgia · 1936
- Ross v. GarrauxCourt of Appeals of Georgia · 1916