Nichols Contracting Co. v. Allen

1. A brief of the evidence is essential to the validity of a motion for new trial. Moxley v. Georgia Ry. & El. Co., 122 Ga. 493 (50 S. E. 339).

2. “The general rule is that a motion for new trial, which includes a brief of the evidence, must be made during the term at which the trial was had; and where a motion for new trial is made in term, and no brief of the evidence is filed, and no order of court is taken extending the time at which the brief of evidence may be filed, it is proper to dismiss the motion. These requirements are jurisdictional.” Garraux v. Ross, 150 Ga. 645, 648 (104 S. E.…