Broadway National Bank v. Kendrick

1. When this case was formerly before the Supreme Court (124 Ga. 1053, 53 S. E. 570), the judgment dismissing the motion for new trial was reversed, and the case remanded to the superior court, in order that the counsel for the movant might have an opportunity to show, to the satisfaction of the court, that the failure to comply with the terms of its original order with respect to the time of filing the brief of evidence was not due to his laches, if such was the fact, and in order that the court might exercise its discretion in determining whether the motion for new trial should be dismissed…