Greer v. Heyer

The appeal is from a judgment granting a new trial upon motion of plaintiff.

Thé sole question presented in argument is whether the court had lost control over the original judgment and it had become final for failure to keep alive the motion for new trial by proper orders of continuance, under Code, § 6670.

The motion for new trial, filed within 30 days, was regularly continued by consent of the parties until March 20, 1926. No order of continuance was made on or prior to that date, further extending the time for hearing the motion. The new trial was granted on May 5, 1926. Without more, the…