Legal Opinion

Eady v. Atlantic Coast Line Railroad

Supreme Court of Georgia

Decided October 5, 1907PublishedCited by 14 opinions

This ease was transmitted to the Supreme Court with the following certificate: “The Court of Appeals desires the instruc- tion of the Supreme Court as to the following questions of law for the proper decision of the above-stated case, to wit: 1. At the September term of a city court a motion for a new trial was filed in a ease tried at that term of the court; the judge passed an order continuing the motion to an indefinite and unnamed day in vacation, but providing that if…

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This ease was transmitted to the Supreme Court with the following certificate: “The Court of Appeals desires the instruc- tion of the Supreme Court as to the following questions of law for the proper decision of the above-stated case, to wit: 1. At the September term of a city court a motion for a new trial was filed in a ease tried at that term of the court; the judge passed an order continuing the motion to an indefinite and unnamed day in vacation, but providing that if it was not previously heard in vacation it should stand on the docket to be heard and determined during the next (the…

1Opinion of the CourtAtkinson, J.

1. When a motion for a new trial was duly filed during the term at which the verdict was rendered, and at that term the judge passed an order continuing the motion to an indefinite and unnamed day in vacation, but providing that if the motion was not previously heard in vacation, it should stand on the docket to be heard during the next term of court, and no brief of evidence was filed with the motion, but in the order above referred to it was provided “that movant have until the hearing, whenever it may be,” to prepare and present the brief of evidence, and the brief of evidence was not…

2Cases cited4 opinions

  1. Napier v. HeilkerSupreme Court of Georgia · 1902
  2. Broadway National Bank v. KendrickSupreme Court of Georgia · 1906
  3. Blackburn v. Alabama Midland Railway Co.Supreme Court of Georgia · 1903
  4. Mutual Life Insurance v. HamiltonSupreme Court of Georgia · 1904

3Cited by14 opinions

  1. Luke v. LukeSupreme Court of Georgia · 1924
  2. Phœnix Bank v. ShirlingSupreme Court of Georgia · 1916
  3. Spooner v. SpoonerSupreme Court of Georgia · 1933
  4. Azar v. THUMA, Alias THOMASSupreme Court of Georgia · 1950
  5. Blount v. StateCourt of Appeals of Georgia · 1911

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