Montgomery v. Hardy Engineering & Construction Co.

Felton, Chief Judge.

1. Where a hearing on a motion for a new trial was continued six times and on the date last set for the hearing the court entered an order dismissing the motion for a new trial for want of prosecution and because no brief of evidence had been presented for approval, the judgment dismissing the motion for a new trial must be affirmed as against the only assignment of error in the bill of exceptions that the judgment dismissing the motion was contrary to law. Oliver v. Benson, 211 Ga. 268 (85 SE2d 418); Lambert Hoisting Engine Co. v. Bray & Co., 127 Ga. 452 (56 SE 513);…