Legal Opinion

Northwestern Fire & Marine Insurance v. Bank of Thomasville

Court of Appeals of Georgia

Decided March 7, 1928No. 18638PublishedCited by 5 opinions

1Opinion of the CourtBroyles, C. J.

1. Where a motion for a new trial is pending in the trial court, the movant can not bring to this court a direct bill of exceptions complaining of rulings made upon the trial, and of the verdict and the judgment based thereon. Kelly & Jones Co. v. Moore, 125 Ga. 382 (54 S. E. 118). That ruling, however, is not applicable to a case where the pending motion for a new trial was not filed within thirty days from the date of the trial, the term of the court lasting longer than thirty days. In such a case the motion for a new trial is void and there is no motion pending. See, in this connection,…

2Cases cited7 opinions

  1. Athens Mutual Insurance v. EvansSupreme Court of Georgia · 1909
  2. Guaranty Investment & Loan Co. v. Athens Engineering Co.Supreme Court of Georgia · 1922
  3. Kelly & Jones Co. v. MooreSupreme Court of Georgia · 1906
  4. Wood v. DozierSupreme Court of Georgia · 1914
  5. Phœnix Insurance v. AsberrySupreme Court of Georgia · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Mechanics Insurance v. GoodwinCourt of Appeals of Georgia · 1934
  2. Hurley v. Girard Fire & Marine InsuranceCourt of Appeals of Georgia · 1934
  3. Merchants Fire Assurance Corp. v. TuckerCourt of Appeals of Georgia · 1937
  4. Grahl v. DorseyCourt of Appeals of Georgia · 1937
  5. Hurley v. Girard Fire & Marine InsuranceSupreme Court of Georgia · 1936

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