Garraux v. Ross
Supreme Court of Georgia
■ Certiorari; from Court of Appeals. 24 Ga. App. 601. L. R. Ross brought a suit for damages against Frank Garraux, executor of A. C. Gann, deceased, and on the trial the jury returned a verdict for the defendant. On the following day, November 9, 1918, the plaintiff presented a motion for new trial, which was approved by the court and was filed on the same day.
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■ Certiorari; from Court of Appeals. 24 Ga. App. 601. L. R. Ross brought a suit for damages against Frank Garraux, executor of A. C. Gann, deceased, and on the trial the jury returned a verdict for the defendant. On the following day, November 9, 1918, the plaintiff presented a motion for new trial, which was approved by the court and was filed on the same day. A rule nisi was served on the defendant, requiring him to show cause, on November 30, 1918, why a new trial should not be granted in the case. On the call of the motion on the date set, as the bill of exceptions shows, the following…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.) The question to be decided by this court, in view of the foregoing statement of facts, is whether, in a case tried in the city court of Atlanta, *648the terms of which continue longer than thirty days, where the motion for new trial shall be filed within thirty days from the trial, together with a brief of the evidence, the amended motion, etc., subject to the approval of the court, the court, after the expiration of the thirty days, where no brief of the evidence is made, filed, and approved, and no order taken within thirty days, or any other time, extending…
2Cases cited12 opinions
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- Gould v. Johnston & Co.Supreme Court of Georgia · 1905
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