Western & Atlantic Railroad v. Callaway, McCarty & Gregory
Supreme Court of Georgia
Action for damages. Before Judge Candler. Whitfield superior court. November 28, 1899.
1Opinion of the CourtLumpkin, P. J.
1. When the time for filing in vacation a brief of evidence to accompany a motion for a new trial is expressly limited by an order of the court, and the brief is not filed within that time, it is not erroneous to dismiss the motion ; nor will this court reverse the action of the trial judge in refusing to accept as a sufficient excuse for not duly filing a brief of evidence the failure of the circuit stenographer, from' illness ‘or any other cause, to write out the evidence. Boatwright v. State, 91 Ga. 13 ; Eason v. Americus, 106 Ga. 179.
2. While a trial judge may, within the restrictions…
2Cases cited2 opinions
- Boatwright v. StateSupreme Court of Georgia · 1892
- Eason v. Mayor of AmericusSupreme Court of Georgia · 1898
3Cited by24 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Cureton v. CuretonSupreme Court of Georgia · 1909
- Wills v. WillsSupreme Court of Georgia · 1959
- Lambert Hoisting Engine Co. v. Bray & Co.Supreme Court of Georgia · 1907
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