Brower v. Cothran
Supreme Court of Georgia
New Trial. Equity. Bill of Review. Before Judge Simmons and Judge Fain—two cases. Floyd Superior Court. March Term, 1885. These cases originated in a bill which, by amendment, proceeded in the name of Cothran, next friend, et al. vs. Brower et al.
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New Trial. Equity. Bill of Review. Before Judge Simmons and Judge Fain—two cases. Floyd Superior Court. March Term, 1885. These cases originated in a bill which, by amendment, proceeded in the name of Cothran, next friend, et al. vs. Brower et al. The case was referred to an auditor, exceptions to his report were filed, special issues were submitted to a jury, and on their finding a decree was rendered on January 27,1883. Counsel for the defendants, desiring to move for a new trial, took an order, allowing the motion to be made in vacation by a certain time. The motion was made, and on its…
1Opinion of the Court
Blandeord, Justice.
A motion for new trial will lie in this state to a decree rendered in an equity case, and as a remedy it is as complete as a motion for new trial at law. Code, §4211. It is more full and complete as a. remedy than a bill for re*12view, in that it reaches all errors of law committed by the court, as well as errors of fact committed in the finding of the jury. A bill of review can only reach such errors as are apparent upon the record.
We think that, since the practice of allowing motions for new trial in equity cases wms adopted in this state, it is necessary for a bill of…
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