Shaw v. Deal

Where a judge by term order sets a day in vacation for the hearing on a motion for new trial, and where the order provides that the movant has until the day set to file a brief of evidence, and where on the day set the movant presents for approval a brief of the evidence which is not correct, the failure of the respondents to move at that time to dismiss the motion for new trial and their consent to postpone the case until a later time in vacation, at which time a correct brief is presented and approved, is a waiver of the failure to file a correct brief at the day first set, the consent to…