Barfield v. McEntyre

Webb, Judge.

Plaintiff below filed his motion for new trial more than thirty days after entry of judgment on the verdict in his favor. See Code Ann. § 70-301. The motion is based upon the three general grounds and a fourth ground complaining of the inadequacy of the verdict. Defendant moved to dismiss the motion for new trial, but the trial court denied the motion to dismiss, treated the motion for new trial as an extraordinary motion (Code Ann. § 70-303), and granted a new trial on the general grounds. Defendant appeals.

We reverse. "Any matter which could have been complained of in the…