Legal Opinion

Middlebrooks v. Middlebrooks

Supreme Court of Georgia

Decided July 15, 1876PublishedCited by 6 opinions

“Macon, Ga:, January 31st, 1876. “During the entire month of December I heard nothing further in regard to said motion for new trial, and supposed it had been abandoned. Some time about the middle of January I informed Mr. Bartlett, of counsel for complainants, that I supposed the motion had been abandoned.

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“Macon, Ga:, January 31st, 1876. “During the entire month of December I heard nothing further in regard to said motion for new trial, and supposed it had been abandoned. Some time about the middle of January I informed Mr. Bartlett, of counsel for complainants, that I supposed the motion had been abandoned. Assuming that I have the right and authority now to make the rulings that I would have made in December, had the motion been presented during that week, and not otherwise, I approve of the brief of evidence,” etc. It was insisted that as the motion for new trial was neither made during the…

1Opinion of the Court

1. Where a consent order is taken during the term at which a trial was had, • to the effect that the brief of evidence and motion for a new trial may be perfected and said motion heard, at chambers, during the month of December, or previous -to that time, as if! in term time, and no brief of evidence or motion for a new trial is presented to'the presiding judge until the 29th of the following January, he had ño jurisdiction to entertain the motion, and a writ of error to his judgment overruling the same will be •dismissed. (R.)

2. An explanatory note by the clerk, in the transcript of the…

2Cited by6 opinions

  1. Atlanta, Knoxville & Northern Railway Co. v. StricklandSupreme Court of Georgia · 1902
  2. Pope v. JonesSupreme Court of Georgia · 1888
  3. Zorn v. LamarSupreme Court of Georgia · 1884
  4. Johnston v. SimmonsSupreme Court of Georgia · 1887
  5. English v. Bank of the State of GeorgiaSupreme Court of Georgia · 1886

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