Marshall v. State

On March 2, 1925, at the regular March quarterly term of the city court of Dublin, the defendant’s motion for a new trial was filed. The rule nisi, without having the date of hearing inserted therein, was then signed by the court. “On or about the fifth or sixth of April, 1925,” the court set the hearing for April 11, 1925, by inserting that date in the rule nisi. On April 8, 1925, the court signed an order adjourning the March quarterly term of court. On April 11, 1925, the motion was dismissed, because a copy of it and of the rule nisi had not been served upon the solicitor, who had waived…