Jemison v. Polk

1. After a verdict for the plaintiff, the defendant moved for a new trial. A rule nisi was issued, returnable on a day during the same term of the superior court, with a direction that the defendant (respondent) be served three days before the date of the hearing fixed. It was provided that the parties should have until the hearing to agree upon and file a brief of the evidence. Service was not made during that term, nor further action taken. The motion stood continued until a later term. A copy of the motion for a new trial and of the rule nisi was served by the sheriff upon the attorney for…