Heath v. Philpot

In section 3 of the act approved August 21, 1911 (Acts 1911, p. 149; Park’s Code (1914), § 6090(a); Michie’s Code, § 6092(1)), it is declared: “Where the judge has finally passed on the merits of a motion for a new trial, and the parties have raised no question as to the sufficiency of the 'approval of the grounds of such motion, or of the approval of the brief of evidence, or of the filing of such motion or brief, or of the jurisdiction of the judge to entertain the motion at the time he did, if the parties acquiesced in his entertaining it at that time, no question as to these matters shall…