East Tennessee, Virginia & Georgia Railroad v. Whitlock
Supreme Court of Georgia
New Trial. Practice in Superior Court. Before Judge Mershon. Glynn Superior Court. May Term, 1885. These were two motions for new trial on extraordinary grounds, made at the May term, 1885, of Glynn superior court. The verdict in the case of the E. T. Ya. & Ga.
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New Trial. Practice in Superior Court. Before Judge Mershon. Glynn Superior Court. May Term, 1885. These were two motions for new trial on extraordinary grounds, made at the May term, 1885, of Glynn superior court. The verdict in the case of the E. T. Ya. & Ga. Railroad was rendered on May 21,1884; that in the case of Norrie & Johnson on June 20,1884. The motions each contained allegations of error, as in an ordinary motion, and an extraordinary ground, substantially the same in both cases, which was, in brief, as follows: “ That said court was adjourned from time to time subsequent to said…
1Opinion of the Court
Blandeokd. Justice.
The first case was tried at the May term, 1884, of Glynn superior court, and a verdict and judgment rendered for defendant in error. The plaintiffs in error prepared the papers during the term for a motion for new trial. The term of the court having terminated unexpectedly by reason of the presiding judge having absented himself from his court, the motion for new trial and brief of evidence was, after the expiration of the term, filed in office and presented to the judge of the court to be heard. The defendant in error objected to the hearing in vacation. The court…
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