Heller, Hirsch & Co. v. DeLeon
Supreme Court of Georgia
Motion for new trial. Before Judge MacDonell. City court of Savannah. July term, 1894. DeLeon brought suit against Heller, Iiirsch & Company on July 2,1886. The case was tried and a verdict rendered on April 25, 1892, which was the last day of the February term of the city court of Savannah. On that day defendants filed a motion for a new trial, and an order was granted giving leave to file a brief of the evidence at any time during the next May term.
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Motion for new trial. Before Judge MacDonell. City court of Savannah. July term, 1894. DeLeon brought suit against Heller, Iiirsch & Company on July 2,1886. The case was tried and a verdict rendered on April 25, 1892, which was the last day of the February term of the city court of Savannah. On that day defendants filed a motion for a new trial, and an order was granted giving leave to file a brief of the evidence at any time during the next May term. On May 24 a brief of the oral evidence was filed, with the agreement of plaintiff’s counsel, indorsed thereon, that the original documentary…
1Opinion of the CourtSimmons, C. J.
Although the judge of the trial court has the power to grant a reasonable time beyond the close of the term, within which to prepare and file a brief of evidence to be used upon the hearing of a motion for a new trial, it is the duty of the movant in such a case within a reasonable time to submit for approval a brief of evidence so prepared; and if this be not done until such a time has elapsed as renders it impossible for the judge to approve it, because of an inability to recollect the evidence as introduced at the trial, the motion when it is reached may be dismissed as incomplete because…
2Cited by3 opinions
- Baldwin County v. CrawfordSupreme Court of Georgia · 1897
- Lucas v. Cordele Guano Co.Supreme Court of Georgia · 1898
- Griffin v. StateCourt of Appeals of Georgia · 1934