Isaacs v. Swindell & Co.
Supreme Court of Georgia
Motion for new trial. Before Judge Spence. Decatur superior court. December 22, 1908. A motion for a new trial pending in Decatur superior court was called for hearing in its regular order at the November adjourned term of said court.
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Motion for new trial. Before Judge Spence. Decatur superior court. December 22, 1908. A motion for a new trial pending in Decatur superior court was called for hearing in its regular order at the November adjourned term of said court. The respondent in the motion announced ready, but the court called attention to the fact that a leave of absence had been granted to the attorney for the movants, and stated the grounds upon which the motion for a leave of absence had been granted. Counsel for the respondents insisted upon a hearing and opposed any postponement, stating that the motion for a new…
1Opinion of the CourtBeck, J.
When a motion for new trial pending in the superior court is dismissed in open court, the judge is without authority subsequently at chambers and in a different county, during a recess of said' court, to grant an order reinstating the motion, upon a mere motion by counsel for movant and an ex parte showing, no petition having been filed for the reinstatement of said motion in the superior court and no notice having been given to the respondent.
Judgment reversed.
All the Justices concur. The order passed reinstating the motion is in the following language : “An order having passed on December…
2Cited by1 opinion
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