Ferrill v. Marks
Supreme Court of Georgia
New Trial. Practice in Superior Court. Before Judge Roney. Richmond Superior Court. April Term, 1885. Marks, trustee, brought complaint for land against Fer rill et al.
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New Trial. Practice in Superior Court. Before Judge Roney. Richmond Superior Court. April Term, 1885. Marks, trustee, brought complaint for land against Fer rill et al. An order was passed by the presiding judge reciting that, the case having been called for trial, and the defendant not being ready, “ It is, by consent of plaintiff and defendants, ordered that the said case (be) submitted both as to the law and the facts to the court without a jury, to be passed upon by him both as to the law and the facts, with the same right to either party to except or move for new trial, or take any other…
1Opinion of the Court
Blandford, Justice.
Marks recovered a judgment against Ferrill, and there upon-Ferrill in vacation made what he called an extraordinary motion for new trial. The court denied the motion, and the case is brought here for review.
Such a motion as this cannot be made in vacation. 55 Ga., 344.
But even if this motion had originated in term, and at the proper term, the affidavits to sustain plaintiff’s motion do not show that, if he had been present at the trial, a different result would have bee.n reached, and it is not shown that the movant was without fault in not being at the trial. Under these…
2Cases cited1 opinion
- Brinkley v. BuchananSupreme Court of Georgia · 1875
3Cited by12 opinions
- Phillips v. TaberSupreme Court of Georgia · 1889
- Stanfield v. BrewtonSupreme Court of Georgia · 1971
- Newman v. GreerCourt of Appeals of Georgia · 1974
- Bryant v. Elberton & Eastern Railway Co.Court of Appeals of Georgia · 1917
- Collier v. StateSupreme Court of Georgia · 1902
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