Smoot v. Donaldson

Felton, Chief Judge.

Where a motion for a new trial requires for its consideration a brief of evidence and no brief of evidence is filed in time, the motion should be dismissed. Nichols Contracting Co. v. Allen, 42 Ga. App. 306 (155 S. E. 770). Where a motion for a new trial is filed during term time and the rule nisi *194ordered during the term sets a time for hearing in vacation and allows the movant until the "final hearing” or the "hearing, whenever it may be” or words of similar import, the movant has until the hearing to file the brief of evidence and a continuance of the hearing whether by…