Burton v. Gilder

Jordan, Judge.

As stated by this court in the recent case of Stamps Tire Co. v. Powers, 104 Ga. App. 860 (123 SE2d 203), the failure of the defendant’s counsel to appear in court upon the trial of a suit against the defendant where such absence is not induced by any acts or conduct of the plaintiff or the court, is unmixed with any sort of providential cause, and is without the leave of the court, constitutes no legal reason for setting aside a jury verdict and judgment in such suit.

Where as in the instant case, however, the defendant’s motion is predicated upon an error in the preparation and…