Middlebrooks v. Middlebrooks
Supreme Court of Georgia
“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
- Atlanta, Knoxville & Northern Railway Co. v. StricklandSupreme Court of Georgia · 1902
- Pope v. JonesSupreme Court of Georgia · 1888
- Zorn v. LamarSupreme Court of Georgia · 1884
- Johnston v. SimmonsSupreme Court of Georgia · 1887
- English v. Bank of the State of GeorgiaSupreme Court of Georgia · 1886
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