Firemen's Insurance v. Oliver

This case came from the Court of Appeals by certiorari. The defendant filed an answer in the trial court, but in its absence verdict and judgment were rendered in favor of the plaintiff. During the term the defendant filed a petition to vacate and set aside the verdict and judgment, for matters'not appearing upon the face of the record, but the petition was not accompanied by a brief of the evidence. In 42 Ga. App. 99 (155 S. E. 227), the Court of Appeals held that the petition was in effect a motion for a new trial, subject to all the rules governing such a motion, and was fatally defective…