Charlotte Harbor & Northern Railway Co. v. Buchan

Buchan recovered a judgment against the carrier for a carload of watermelons which the carrier did not on June 8th, 1912, “take and deliver.”

A motion is made here to strike the bill of exceptions on the ground that the motion for new trial, though made during,the term of court, was disposed of in vacation. The motion is made upon the theory that the court is without jurisdiction to pass upon a motion for new trial except in term time.

Sections 2 and 3, Chapter 5403 Acts of 1905, are as follows:

“Sec. 2. The Judge shall have the power to hear and determine any motion for new trial in vacation…