Brissette v. Munday

Jordan, Judge.

In his motion to dismiss the appeal now before this court the defendant Brissette contends in effect that the decision in Munday v. Brissette, 113 Ga. App. 849, supra, that “the trial court did not err in denying a new trial as to the co-defendant, John L. Brissette,” is controlling, that in view of this decision there was no valid motion for new trial pending from which the plaintiff could file her appeal on September 16, 1966, and that plaintiff, having failed to pursue her motion for new trial and to file a cross appeal when defendant Munday appealed to this court, is barred…