Legal Opinion

Blalock v. Waggoner

Supreme Court of Georgia

Decided November 21, 1888PublishedCited by 7 opinions

New trial. Practice in superior court. Statute of frauds. ■ Specific performance.. Contracts. Before Judge Richard IT. Clark. Clayton superior' court. March term, 1888. Reported in the decision.

1Opinion of the Court

Bleckley, Chief Justice.

In this case, the motion for a new trial was an extraordinary motion, that is, it was made after the term of *124the court at which the cause was tried. It was set on foot in vacation, but what was done prior to the next term was of no efficacy. See Brinkley vs. Buchanan, 55 Ga. 342; Johnson vs. Jackson, 60 Ga. 57. ¥e treat the motion as deriving its standing in court, not from what was done at chambers, but from what was done subsequently in term by way of recognizing and retaining it for hearing. Giving it this support by liberal construction and intendment, it is still…

2Cases cited6 opinions

  1. Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
  2. Brinkley v. BuchananSupreme Court of Georgia · 1875
  3. East Tennessee, Virginia & Georgia Railroad v. WhitlockSupreme Court of Georgia · 1886
  4. Allen's EstateSupreme Court of Pennsylvania · 1841
  5. Jones v. PeaseWisconsin Supreme Court · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Clark v. CagleSupreme Court of Georgia · 1914
  2. Collier v. StateSupreme Court of Georgia · 1902
  3. Downer v. DunawayCourt of Appeals for the Fifth Circuit · 1931
  4. Perkins v. StateSupreme Court of Georgia · 1906
  5. Hogan v. SwayzeUtah Supreme Court · 1925

2 more not listed; retrieve them via the Exa API.

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