Newman v. Malsby & Avery
Supreme Court of Georgia
Complaint. Before Judge Ereeman. City court of Newnan. July term, 1895. After verdict for plaintiffs, defendant moved for a new trial, and the motion was set to be heard on September 30, 1895. Upon that day counsel for plaintiffs moved to dismiss the motion, because defendant had failed to file a brief of the evidence.
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Complaint. Before Judge Ereeman. City court of Newnan. July term, 1895. After verdict for plaintiffs, defendant moved for a new trial, and the motion was set to be heard on September 30, 1895. Upon that day counsel for plaintiffs moved to dismiss the motion, because defendant had failed to file a brief of the evidence. It appeared that, six days prior to the hearing of the motion, defendant gave to plaintiffs’ counsel a substantial brief of the evidence, except the evidence of the two plaintiffs and three witnesses for the plaintiffs, which by mistake was left out of the brief. Plaintiffs’…
1Opinion of the CourtLumpkin, J.
Under the facts disclosed by the record and which are summarized in the official report, there was no abuse of discretion in refusing to allow further time for perfecting the incomplete brief of evidence, nor in dismissing the motion for' a new trial upon the ground that no legal brief of evidence had been duly filed. Judgment affirmed.
L. M. Farmer, for plaintiff in error. Freeman & Wright, contra.
2Cited by1 opinion
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