Moore v. Citizens Bank
Court of Appeals of Georgia
Motion, for a new trial; from city court of Ashburn—Judge Tip-ton. August 21, 1916. Mrs! A. M. Moore filed, in the city court of Ashburn, a suit against the Citizens Bank of Ashburn, returnable to the April quarterly term, 1914, of the court, in which she sought to recover on an account the sum of $1,275, besides interests and costs.
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Motion, for a new trial; from city court of Ashburn—Judge Tip-ton. August 21, 1916. Mrs! A. M. Moore filed, in the city court of Ashburn, a suit against the Citizens Bank of Ashburn, returnable to the April quarterly term, 1914, of the court, in which she sought to recover on an account the sum of $1,275, besides interests and costs. At the appearance term the defendant filed an answer, arid at the April quarterly term, 1916, on April 17, the case was tried and a verdict was returned in favor of the defendant, upon which judgment was duly entered. The plaintiff, before the adjournment of the…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Under the terms of the trial judge’s order, the motion for a new trial not having been heard on the date set therefor in vacation, and no further order thereon being taken, it stood for hearing in term time; and, not being heard at the succeeding July quarterly term of the court, it thereupon went over to the next term. Civil Code of 1910, § 6090; Atlanta, Knoxville & Northern Ry. Co. v. Strickland, 114 Ga. 998 (41 S. E. 501); Holtzendorff v. Dillard, 136 Ga. 241 (71 S. E. 133); Phœnix Bank v. Shirling, 146 Ga. 163 (91 S. E. 23). Whether the “next term”…
2Cases cited9 opinions
- Atlanta, Knoxville & Northern Railway Co. v. StricklandSupreme Court of Georgia · 1902
- Herz v. Frank & AdlerSupreme Court of Georgia · 1898
- Cole v. Illinois Sewing Machine Co.Court of Appeals of Georgia · 1910
- Phœnix Bank v. ShirlingSupreme Court of Georgia · 1916
- Helmly v. DavisSupreme Court of Georgia · 1900
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3Cited by1 opinion
- Perry v. GammageCourt of Appeals of Georgia · 1919