Anderson v. McLean & Co.
Supreme Court of Georgia
Motion for new trial. Before Judge Smith. Tattnall . superior court. April term, 1894. The motion was dismissed on the ground, that the brief of evidence was not filed under the approval of the court nor agreed to by counsel within the thirty days provided for in the order of June 2d, 1893. The case was tried at the April adjourned term of the superior court, in 1893. On June 2d, counsel for movant obtained a rule nisi returnable on July 8th, or such other time as the judge…
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Motion for new trial. Before Judge Smith. Tattnall . superior court. April term, 1894. The motion was dismissed on the ground, that the brief of evidence was not filed under the approval of the court nor agreed to by counsel within the thirty days provided for in the order of June 2d, 1893. The case was tried at the April adjourned term of the superior court, in 1893. On June 2d, counsel for movant obtained a rule nisi returnable on July 8th, or such other time as the judge might fix upon ten days notice; and it was “further ordered, that the movant have thirty days from the adjournment of…
1Opinion of the Court
Simmons, Chief Justice.
The act of 1889 relating to the subject of new trials applies only to those courts which hold longer than thirty days. The law governing new trials for courts which hold for less than thirty days is the same as it was before'the passage of that act. Under the old law, an application for a new tidal must be made within the term at which the ease is tried, and a brief of the evidence must also be filed within the term, under the revision and approval of the court. If there is not sufficient time during the term to make out and file a brief of evidence with the approval of…
2Cases cited2 opinions
- Brunswick Light Co. v. GaleSupreme Court of Georgia · 1893
- Arnold v. HallSupreme Court of Georgia · 1883
3Cited by3 opinions
- Bugg v. StateCourt of Appeals of Georgia · 1913
- Central Railroad & Banking Co. v. PoolSupreme Court of Georgia · 1895
- Co-operative Manufacturing Co. v. AndrewsSupreme Court of Georgia · 1898