McMullen v. Bank
Supreme Court of Georgia
Motion for new trial. Before. Judge Mitchell. Colquitt superior court. January 12, 1905.
1Opinion of the CourtITish, P. J.
1. “ In all applications for a new trial the opposite party shall he served with a copy of the rule nisi, unless such copy is waived.” Civil Code, § 5475; Smedley v. Williams, 112 Ga. 114.
2. Such service is essential though the application is to be heard''during the term at which the trial is had. The intimation to the contrary hi Baldwin v. Daniel, 69 Ga. 782, disapproved.
3. Where a rule nisi was granted on a motion for a new trial and ordered served, and the motion set to be heard at an adjourned term of the court at which it was made, to be held more than eighty days after the date of the…
2Cases cited2 opinions
- Smedley v. WilliamsSupreme Court of Georgia · 1900
- Baldwin v. DanielSupreme Court of Georgia · 1883
3Cited by13 opinions
- Peavy v. PeavySupreme Court of Georgia · 1928
- Stoner v. McDougallSupreme Court of Georgia · 1975
- Louisville & Nashville Railroad v. NelsonSupreme Court of Georgia · 1916
- Braziel v. HunterCourt of Appeals of Georgia · 1961
- Tyler & Tomlinson v. ArnettCourt of Appeals of Georgia · 1913
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