A. M. KIDDER & CO. v. CLEMENT A. EVANS & CO.

43104, 43258.

117 Ga. App. 346 (1968)

160 S.E.2d 859

A. M. KIDDER & COMPANY, INC. et al. v. CLEMENT A. EVANS & COMPANY, INC.; and vice versa.

Court of Appeals of Georgia.

Decided February 9, 1968.

Rehearing Denied February 29, 1968.


Attorney(s) appearing for the Case

Smith, Cohen, Ringel, Kohler, Martin & Lowe, Hoke Smith, Claude E. Hambrick, William J. McAlpin, Jr., for appellants.

Hansell, Post, Brandon & Dorsey, Hugh M. Dorsey, Jr., Jule W. Felton, Jr., J. Clifton Barlow, Jr., for appellee.


QUILLIAN, Judge.

1. The enumerations of error in the main appeal (Case 43104) complaining solely of the grant of a new trial on the ground that no transcript of the evidence had been filed are without merit. Code Ann. § 70-301 (Ga. L. 1965, pp. 18, 30) provides in part that the trial judge may in his discretion "hear and determine the motion before the transcript of evidence and proceedings is prepared and filed."

Nothing held herein is in conflict...

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