City of Talladega v. McRae

The effect of the holding of this case is that a motion for new trial must be filed within thirty days. As I read Rule 59 (b) it only requires that the motion be served within thirty days. Rule 5 (b) spells out how service can be made and since service was made by mail in this case, Rule 5 (b) specifically provides that "Service by mail is complete upon mailing." Reference is made in the opinion to the date of the postmark. I do not believe that the postmark would necessarily control because many opinions of this Court state that something is mailed once it is dropped in an authorized mail…