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WEATHERS v. DOUGHTY

38517.

102 Ga. App. 460 (1960)

116 S.E.2d 521

WEATHERS et al., Executors v. DOUGHTY.

Court of Appeals of Georgia.

Decided September 27, 1960.

Attorney(s) appearing for the Case

James L. Flemister, for plaintiffs in error.

Willingham & Gortatowsky, Julian E. Gortatowsky, contra.

NICHOLS, Judge.

On the hearing of the defendants' motion to have the motion for new trial filed nunc pro tunc, counsel for the defendants testified that he left the paper with Mrs. Sara Poole who said she would handle the filing for him, and that later he went back to her office and took the paper with him. Mrs. Poole testified that she took an oath as a deputy clerk in 1944, that she later took an oath as a special deputy marshal

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