Candler v. Hammond
Supreme Court of Georgia
Motion for new trial, in Baldwin Superior Court. Decision by Judge Hardeman, at August Term, 1857. This case was tried at February Term, 1857, when the jury found for the escheator, and the defendant moved in arrest of judgment, on the ground that the jury were not sworn as required by Act of 1819. The presiding Judge granted the motion, and counsel for the escheator excepted, and the case coming up before the Supreme Court, at Milledgeville, May Term, 1857, that Court…
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Motion for new trial, in Baldwin Superior Court. Decision by Judge Hardeman, at August Term, 1857. This case was tried at February Term, 1857, when the jury found for the escheator, and the defendant moved in arrest of judgment, on the ground that the jury were not sworn as required by Act of 1819. The presiding Judge granted the motion, and counsel for the escheator excepted, and the case coming up before the Supreme Court, at Milledgeville, May Term, 1857, that Court reversed the judgment of the Court below, on the ground that there was nothing in the record which showed that the…
1Opinion of the Court
By the Court. —
McDonald J.,
delivering the opinion.
The presiding Judge in the Court below put his refusal of the new trial on two grounds only, and those grounds had no reference to the merits of the application. The first ground was that an unsuccessful motion in arrest of judgment had been made in the cause; and the second ground was, that no motion for a new trial was made at the Term of the Court when the trial was had and no brief of evidence was then filed.
[1.] Whether a motion for a new trial can be made in the Courts in England, after an unsuccessful motion in arrest of judgment, is…
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