Pendergrass v. Duke
Supreme Court of Georgia
Motion for new trial. Before Judge Jones, Jackson superior court. May 28, 1912. The case of Duke v. Pendergrass was tried at the February term, 1912, of the superior court of Jackson county, which term continued longer than one week. Judge J. B. Jones, of the Northeastern circuit, presided the first week of the term, in the absence of Judge Brand, the judge of the Western circuit, of which Jackson county constitutes a part.
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Motion for new trial. Before Judge Jones, Jackson superior court. May 28, 1912. The case of Duke v. Pendergrass was tried at the February term, 1912, of the superior court of Jackson county, which term continued longer than one week. Judge J. B. Jones, of the Northeastern circuit, presided the first week of the term, in the absence of Judge Brand, the judge of the Western circuit, of which Jackson county constitutes a part. The case was tried and submitted to the jury during the first week. At the close of that week, the jury still having the ease under consideration and not having returned a…
1Opinion of the CourtFish, C. J.
(After stating the facts.) The question that is controlling, as to both the main and cross bills, is whether Judge Jones, at the. time he rendered the judgments respectively complained of in the main and cross bills of exceptions, had jurisdiction to render the judgments. It is true that a motion for a new trial had been filed during the term at which the trial was had, but no brief of evidence — which is an essential part of a valid motion — accompanied it; nor, as will hereinafter appear, had any valid order been granted extending the time for preparing and filing such brief. While a judge…
2Cited by8 opinions
- Hogan v. StateSupreme Court of Georgia · 1965
- Pendergrass v. DukeSupreme Court of Georgia · 1917
- Cross v. StateSupreme Court of Georgia · 1920
- Gainesville Buggy & Wagon Co. v. MorrowCourt of Appeals of Georgia · 1919
- McDonald v. WimpySupreme Court of Georgia · 1948
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