McDougall v. Stoner

Deen, Presiding Judge.

1. Our decision in the above styled case, 134 Ga. App. 342 (214 SE2d 384) having been reversed by the Supreme Court in 235 Ga. 171, our decision in said case is hereby vacated. Failure to attach a rule nisi to a motion for new trial does not demand a dismissal of the motion.

2. However, where the matter is called to the attention of the trial judge, he may in his discretion dismiss the motion for a new trial or he may continue the matter until the motion is perfected. In this case the trial court did neither, but heard and granted the motion for a new trial, which…