Vanover v. Turner
Supreme Court of Georgia
Motions for New Trials. Amendments. Before Judge Harrell. Terrell Superior Court. November Term, 1870. This cause was ejectment. At May Term, 1869, there was a verdict for the plaintiff.
Read the full summary
Motions for New Trials. Amendments. Before Judge Harrell. Terrell Superior Court. November Term, 1870. This cause was ejectment. At May Term, 1869, there was a verdict for the plaintiff. A motion for new trial was made on various grounds; a brief of the evidence was made up and plaintiff’s attorney agreed that it was correct, but claimed that a certain deed mentioned therein should be set out in extenso; a copy of this deed was attached to said brief, and the motion in this shape was submitted to the Judge. He passed a rule nisi calling upon the plaintiffs’ counsel to show cause, at the next…
1Opinion of the CourtMcCAY, J.
I. Whether the agreement of counsel to’ the brief of evidence on a motion for a new trial supercedes the necessity of its approval and revision by the Court, does not seem ever to have been distinctly' decided by this Court. The cases are numerous in which it is implied that the agreement of counsel is sufficient: 1st Georgia, 254; 3d, 220; 7th, 436; 8th, 111; 10th, 93; 13th, 403. But in none of these cases was the point actually involved in the decision.
In this case the Judge had granted a rule nisi for a new trial. The law requires the brief of the testimony to be filed, approved and…
2Cited by6 opinions
- Worsham v. MurchisonSupreme Court of Georgia · 1881
- Cutis v. GeigerSupreme Court of Georgia · 1933
- Allen v. BoneSupreme Court of Georgia · 1946
- Tate v. GriffithSupreme Court of Georgia · 1889
- Howard v. MunfordSupreme Court of Georgia · 1887
1 more not listed; retrieve them via the Exa API.