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SMOOT v. DONALDSON

37514, 37515, 37516, 37517.

99 Ga. App. 191 (1959)

108 S.E.2d 295

SMOOT v. DONALDSON; and vice versa. SMOOT v. DONALDSON; and vice versa.

Court of Appeals of Georgia.

Decided February 27, 1959.

Attorney(s) appearing for the Case

Hitch, Miller & Beckmann, Luhr G. C. Beckmann, Jr., for plaintiff in error.

James W. Head, Anton F. Solms, Jr., contra.

FELTON, Chief Judge.

Where a motion for a new trial requires for its consideration a brief of evidence and no brief of evidence is filed in time, the motion should be dismissed. Nichols Contracting Co. v. Allen, 42 Ga.App. 306 (155 S. E. 770). Where a motion for a new trial is filed during term time and the rule nisi ordered during the term sets a time for hearing in vacation and allows the movant until the...

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