Motor Contract Co. v. Wigington

Whitman, Judge.

This appeal by Motor Contract Co. of Atlanta, plaintiff-appellant, seeks reversal of a judgment of the Civil and Criminal Court of Cobb County granting a new trial on an oral motion by defendant.

The facts are substantially as follows: Plaintiff filed its petition alleging that the defendant was indebted to it on a certain contract, and praying for judgment for principal, interest and attorney’s fees. On March 24, 1967, said case was regularly on the trial court’s calendar for trial without the intervention of a jury. On the call of the calendar the case was declared on trial,…