Stoner v. McDougall

Undercofler, Presiding Justice.

This court granted certiorari to review the ruling of the Court of Appeals which held: "Where a motion for new trial is defective in that no rule nisi signed by the trial judge is sought or obtained, setting the same for hearing and accompanied by service on the opposite party, and there is no amendment and no waiver, a motion to dismiss should be sustained.”

Code § 70-306 provides: "In all applications for a new trial the opposite party shall be served with a copy of the rule nisi, unless such copy is waived...” In this case a rule nisi was not sought or…