Arnold v. Hall
Supreme Court of Georgia
New Trial. Practice in Superior Court. Attorneys. Rules of Court. Before Judge Pottle. Elbert Superior Court. September Term, 1882. Arnold brought complaint for land against Mrs. Hall. Other defendants were added by amendment. Plaintiff recovered a verdict. Defendants moved for a new trial, because the verdict was 'contrary to law, evidence and the charge of the court.
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New Trial. Practice in Superior Court. Attorneys. Rules of Court. Before Judge Pottle. Elbert Superior Court. September Term, 1882. Arnold brought complaint for land against Mrs. Hall. Other defendants were added by amendment. Plaintiff recovered a verdict. Defendants moved for a new trial, because the verdict was 'contrary to law, evidence and the charge of the court. This occurred in Elbert superior court, at the September term, 1882. The judge passed an order setting the hearing of the motion in vacation on the 3d Monday in October, 1882, during the pending of Oglethorpe superior court.…
1Opinion of the Court
Jackson, Chief Justice.
1. The motion for a new trial should have been dismissed. The parties were allowed until the 3d Monday in October, 1882, to perfect the motion by making out and filing a brief of the testimony. The 3d Monday in October was the 16th of that month. Nothing was done until the 20th of the month. It was too late to perfebt the motion. 5 Ga., 333; 59 Ga., 626; Usry vs. Phillips, 68 Ga., 815; McGord vs. Harden, ex'r, 69 Ga., 747; 65 Ga., 20.
*4472. No consent of counsel will- be enforced unless in writing. The consent was in parol and disputed. The court could not enforce it…
2Cases cited4 opinions
- Walker v. BanksSupreme Court of Georgia · 1880
- Western & Atlantic Railroad v. JohnsonSupreme Court of Georgia · 1877
- Usry v. PhillipsSupreme Court of Georgia · 1882
- Casey v. L. M. Wiley & Co.Supreme Court of Georgia · 1848
3Cited by6 opinions
- Atlanta, Knoxville & Northern Railway Co. v. StricklandSupreme Court of Georgia · 1902
- Herz v. Frank & AdlerSupreme Court of Georgia · 1898
- Evans & Pennington v. NailCourt of Appeals of Georgia · 1909
- Moxley v. KinlochSupreme Court of Georgia · 1887
- Anderson v. McLean & Co.Supreme Court of Georgia · 1895
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