Jones v. Winn-Lovett Grocery Co.

A motion for new trial was made on September S3, 1933. A rule nisi was issued requiring tbe plaintiff to show cause on the 3d day of November, 1933, why the motion should not be granted. It contained this language: “Let this order act as a supersedeas until further order of the court. In the meantime and until the final hearing of said motion, whenever the same may be had, movant is allowed to amend and perfect the motion, and to prepare and present for approval, and file, the brief of evidence in said case.” On November 3 counsel for both parties appeared at the hearing. The judge had only a…