Brewer v. New England Mortgage Security Co.
Supreme Court of Georgia
Motion for new trial. Before Judge Bartlett. Polk superior court. December 21, 1906. On the trial of a claim case, in which the New England Mortgage Security Company was plaintiff in fi. fa. and Sanders, as administrator, was defendant in fi. fa. and Brewer was claimant, a verdict was rendered at the February term, 1906, of the superior court of Polk county, finding the property subject.
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Motion for new trial. Before Judge Bartlett. Polk superior court. December 21, 1906. On the trial of a claim case, in which the New England Mortgage Security Company was plaintiff in fi. fa. and Sanders, as administrator, was defendant in fi. fa. and Brewer was claimant, a verdict was rendered at the February term, 1906, of the superior court of Polk county, finding the property subject. The claimant, by counsel of record, — Janes & Hutchens, Blance & Tison, and Bunn & Bunn, — -filed a motion for new trial, upon the general grounds. A rule nisi was issued on March 12, returnable August 27,…
1Opinion of the CourtAtkinson, J.
Under tlie facts disclosed by the record and which.are summarized in the official report, there was no abuse of discretion in refusing to continue the hearing of the motion for new trial on account of the illness of movant’s counsel, nor upon the ground that counsel had not had sufficient notice of the time and place of hearing. Nor was it an abuse of discretion for the trial judge to dismiss the motion for new trial upon the ground that no legal brief of evidence had been presented for approval. See, in this connection, Civil Code, §§5484-5; Lambert Hoisting Engine Co. v. Bray, 127 Ga. 452…
2Cases cited2 opinions
- Lambert Hoisting Engine Co. v. Bray & Co.Supreme Court of Georgia · 1907
- Newman v. Malsby & AverySupreme Court of Georgia · 1896
3Cited by2 opinions
- Ward v. WardSupreme Court of Georgia · 1910
- Graham v. StateCourt of Appeals of Georgia · 1963