Cooper & Sons v. Bell

This ease is controlled by the ruling of the Supreme Court in the case of Hilt v. Young, 116 Ga. 708 (43 S. E. 76). The plaintiff in ihe lower court has filed 'a cross-bill of exceptions, the ruling upon which will control the decision on both writs *492of error. From the cross-bill it appears that the motion for- a new trial was not filed at the term at which the rule nisi was granted, and indeed was not filed until the day the judgment was rendered overruling the defendant’s motion for a new trial. Upon the hearing of the motion for a new trial, the plaintiff’s counsel made a motion to dismiss…