Brinn v. Mason

A motion for new trial was made during the term of the superior court at which the verdict complained of was rendered; and on the same day a rule nisi was issued by the court, setting a time and place in vacation for a hearing on the motion, and providing further: “If for any reason said motion is not heard and determined at the time and place above fixed, it is ordered that the same shall be heard and determined at such time and place in vacation as counsel shall agree upon; and upon failure to agree, then at such time and place as the presiding judge may fix on the application of either…