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THROGMORTON v. TRAMMELL

34662.

89 Ga. App. 466 (1953)

79 S.E.2d 574

THROGMORTON v. TRAMMELL, t/a TRAMMELL CONSTRUCTION COMPANY.

Court of Appeals of Georgia.

Rehearing Denied December 17, 1953.

Attorney(s) appearing for the Case

Adams & McDonald, for plaintiff in error.

Hardin & McCamy, contra.

PER CURIAM.

Code § 70-306 provides as follows: "In all applications for a new trial the opposite party shall be served with a copy of the rule nisi, unless such copy is waived." As appears from the statement of facts, an acknowledgment of service, reciting merely "Due and legal service of the within motion and order acknowledged; copy received", signed by counsel for the plaintiff and dated October 16, 1952, was had of the motion for new trial and rule nisi,...

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