Dozier v. Owen

Bleckley, Justice.

1. There was no error in refusing to dismiss the motion-for a new trial. By order of court, passed with the consent of both parties, the motion was to be heard at a specified time and place, and the brief of evidence was to be filed, not before the hearing, but within a given number of days afterwards. Doubtless the stipulation and order in-respect to the time of filing the brief were induced by the-fact that the hearing was expected to take place at a distance from the clerk’s office. When the time for the hearing arrived, counsel for both parties attended, and the judge…