Peagler v. Davis
Supreme Court of Georgia
Motion for new trial. Before Judge Gilbert. Taylor superior court. July 5, 1915. At the April term, 1915, of Taylor superior court a verdict was' rendered in favor of Davis against Peagler, claimant. On April 8 the claimant made' a motion for a new trial. An order to show cause was taken, and the motion was set for a hearing at ten o’clock on May 8, in vacation.
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Motion for new trial. Before Judge Gilbert. Taylor superior court. July 5, 1915. At the April term, 1915, of Taylor superior court a verdict was' rendered in favor of Davis against Peagler, claimant. On April 8 the claimant made' a motion for a new trial. An order to show cause was taken, and the motion was set for a hearing at ten o’clock on May 8, in vacation. It was recited that it was impossible to make out a complete brief of the testimony before the adjournment of court, and it was ordered that movant have until May 8, at ten o’clock, to prepare and present to the court for approval a…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.) In the consent order, with its recitals, the idea was involved that the hearing should be continued with a brief of evidence in a condition authorizing a continuance of the whole matter. On the day when the order was taken the brief of evidence could have been formally tendered to the judge for his approval. Presumably the recitals in the consent order were intended to have some effect. After the bearing had been carried over, under such circumstances, from the day first set therefor, to allow a motion to dismiss the motion for a new trial to prevail, on…
2Cases cited8 opinions
- Central Railroad & Banking Co. v. PoolSupreme Court of Georgia · 1895
- Moxley v. KinlochSupreme Court of Georgia · 1887
- Mayor of Brunswick v. DavenportSupreme Court of Georgia · 1908
- Dublin Hame Works v. Ross-Mehan Foundry Co.Supreme Court of Georgia · 1907
- Central Railroad & Banking Co. v. Keller & BrotherSupreme Court of Georgia · 1894
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3Cited by2 opinions
- Garraux v. RossSupreme Court of Georgia · 1920
- Hopkins v. JacksonSupreme Court of Georgia · 1918