Jackson v. Hunter
Supreme Court of Georgia
The Court of Appeals certified the following question (in Case No. 11203) : “Where during the term of court at which a case is tried a motion for new trial is made and by an order of the trial judge is set for a hearing in- vacation upon a certain day, and the order of the judge provides that should the case not be heard upon the day set, it shall be set for a hearing upon such date as counsel shall agree upon, and where counsel, on the day before the date originally set for…
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The Court of Appeals certified the following question (in Case No. 11203) : “Where during the term of court at which a case is tried a motion for new trial is made and by an order of the trial judge is set for a hearing in- vacation upon a certain day, and the order of the judge provides that should the case not be heard upon the day set, it shall be set for a hearing upon such date as counsel shall agree upon, and where counsel, on the day before the date originally set for the hearing, agree in writing to set the hearing for another date in the future, and the trial judge, after receiving…
1Opinion of the CourtGilbert, J.
“ The judges of the superior and city courts have power to hear and determine, in vacation as well as in term time, without any order passed in term time, all motions for new trial, certioraries, and all such other matters as they now can hear and determine in term time, and which are not referred to a jury.” Civil Code, § 4852. “ The hearing of all cases provided for in the preceding section shall be fixed by the judge upon the application of either party or his counsel, of which time and place the party making said application, or his attorney, shall give the opposite party or his attorney…
2Cases cited3 opinions
- Atlanta, Knoxville & Northern Railway Co. v. StricklandSupreme Court of Georgia · 1902
- Phœnix Bank v. ShirlingSupreme Court of Georgia · 1916
- Brinn v. MasonSupreme Court of Georgia · 1917
3Cited by3 opinions
- Bowen v. Bank of NorcrossSupreme Court of Georgia · 1928
- Gentry v. StateCourt of Appeals of Georgia · 1940
- Jackson v. HunterCourt of Appeals of Georgia · 1921