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ATLANTIC COAST LINE R. CO. v. McNAIR

36874.

96 Ga. App. 519 (1957)

100 S.E.2d 639

ATLANTIC COAST LINE RAILROAD COMPANY et al. v. McNAIR.

Court of Appeals of Georgia.

Decided October 17, 1957.

Attorney(s) appearing for the Case

Stevens & Stevens, for plaintiffs in error.

Randall Evans, Jr., contra.

QUILLIAN, J.

Code § 70-306 requires that the opposite party in all applications for new trial must be served with a copy of the rule nisi, unless such service is waived.

It is essential for the validity of a motion for new trial that it be filed in the clerk's office, and until it is so filed it is a mere private paper. Acknowledgment of service of such a private paper, purporting to be a motion for new trial is a mere nullity. Hilt v. Young...

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