Lucas v. Cordele Guano Co.
Supreme Court of Georgia
Motion for new trial. Before Judge Smith. Wilcox superior court. February 3, 1898. At the September term, 1897, a verdict was rendered against the defendants. • They filed a motion for a new trial within the' time required by law.
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Motion for new trial. Before Judge Smith. Wilcox superior court. February 3, 1898. At the September term, 1897, a verdict was rendered against the defendants. • They filed a motion for a new trial within the' time required by law. The court passed an order providing for the hearing of the case in vacation, at such time and place as the judge should fix- on ten days notice to each party, and that the movant have “until and including the, day of said hearing, and from continuance to continuance of said hearing, until the same is finally adjudicated by the court, to make out, have approved, and…
1Opinion of the CourtLewis, J.
From the facts stated in the official report it will “be seen that counsel for movants did not have a complete brief ■of evidence prepared on the date of the hearing, for the reason that there were entirely omitted therefrom material portions of the testimony. It is true, under the order of court, he had until and during the final hearing of his motion to prepare his brief; but when counsel procures such an order of court, he must necessarily take upon himself the risk, when he omits to prepare and. present a brief until the final day, that the court may fail to remember the evidence, and for…
2Cases cited4 opinions
- Thomas v. StateSupreme Court of Georgia · 1895
- Williams v. JohnstonSupreme Court of Georgia · 1894
- Baldwin County v. CrawfordSupreme Court of Georgia · 1897
- Heller, Hirsch & Co. v. DeLeonSupreme Court of Georgia · 1895
3Cited by4 opinions
- Griffin v. StateCourt of Appeals of Georgia · 1934
- Womack v. WomackSupreme Court of Georgia · 1920
- Crider v. HaygoodCourt of Appeals of Georgia · 1921
- Gentry v. McBrideSupreme Court of Georgia · 1908