Brawner v. Wilkins

Frankum, Judge.

1. Where a suit for unliquidated damages is in default and is tried before a jury in the absence of the defendant and his counsel, and where thereafter the defendant files a timely motion for a new trial on the general grounds only which the court overrules, the judgment overruling the motion, until it is reversed or set aside by some means known to the law, constitutes the law of the case that the verdict was authorized by the evidence. Accordingly, after having overruled such motion, the court did not have jurisdiction thereafter to grant an extraordinary motion for a new…