Turner v. Rawson
Supreme Court of Georgia
Motion for new trial, in Pike Superior Court, decided by Judge Floyd, February Term, 1848. The defendant in error moved in the Court below, to dismiss, the rule nisi granted at a previous term, for the reason, that no brief of the testimony had been filed under the sanction of the Court, nor agreed upon by the parties. A brief of testimony was filed, and on the 21st of August, 1S4-7, defendant in error “ acknowledged notice of the brief of the testimony.”
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Motion for new trial, in Pike Superior Court, decided by Judge Floyd, February Term, 1848. The defendant in error moved in the Court below, to dismiss, the rule nisi granted at a previous term, for the reason, that no brief of the testimony had been filed under the sanction of the Court, nor agreed upon by the parties. A brief of testimony was filed, and on the 21st of August, 1S4-7, defendant in error “ acknowledged notice of the brief of the testimony.” The Court dismissed the rule nisi, and this decision is alleged to be erroneous.
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] This was a motion for a new trial, in Pike Superior Court. It was made at the August term, 1847, and dismissed at the ensuing term, on account of the failure of the applicant to file a brief of the testimony, as required by the 61st rule of practice. It is conceded that no brief -was filed under the revision and approval of the Court. It is contended, however, that a brief of the testimony was lodged in the Clerk’s office, after having been submitted to the inspection of the opposite counsel. The record does not show that a brief of the…
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