Moxley v. Kinloch

Bleckley, Chief Justice.

Kinloch, as plaintiff, had a verdict against Moxley, as defendant. On the last day of the term, a motion for a new trial was made by the defendant. A consent order was passed by the court reciting that there was not time to prepare a brief of the evidence, and granting sixty days within which to file the brief. A few days after the sixty days allowed for that purpose had expired, a brief of the evidence was sent by counsel for the movant to counsel for the respondent, the latter residing or being at the county site at which the cause had been tried. The brief had upon…