Gauldin v. Crawford
Supreme Court of Georgia
Motion to dismiss rule for New Trial, from Decatur county. Decided by Judge Allen, October Term, 1859. An action on the case having been brought in favor of Milton Crawford, against John P. Gauldin, resulted in a verdict for the defendant.
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Motion to dismiss rule for New Trial, from Decatur county. Decided by Judge Allen, October Term, 1859. An action on the case having been brought in favor of Milton Crawford, against John P. Gauldin, resulted in a verdict for the defendant. The plaintiff then moved a rule for a new trial to be heard at the next, viz: the October Term, 1859. On hearing the rule, counsel for defendant moved to dismiss the same, on the following grounds: 1st. That the rule nisi issued in said case had not been served. 2d. That no brief of the evidence used on the trial of said case had been approved by the Court.…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
Was the Court right in refusing the motion to dismiss the application for a new trial in this case ?
The motion was made on various grounds. 1st. That the rule had not been served; 2d, that no notice of the application had been served upon Gauldin or his attorney; 3d, that no brief of the evidence had been approved by the Court; 4th, that the agreement of counsel as to the brief of evidence had not been entered upon the minutes or otherwise authenticated; 5th, that no brief of evidence used on the trial of the case had been filed in the Court or…
2Cited by14 opinions
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- Krolage v. PeopleIllinois Supreme Court · 1906
- State v. McAllisterMontana Supreme Court · 1934
- Crumbley v. BrookSupreme Court of Georgia · 1911
- Coggeshall v. ParkSupreme Court of Georgia · 1926
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