McDOUGALL v. STONER

50154.

134 Ga. App. 342 (1975)

214 S.E.2d 384

McDOUGALL et al. v. STONER et al.

Court of Appeals of Georgia.

Decided March 4, 1975.

Rehearing Denied March 20, 1975.


Attorney(s) appearing for the Case

T. M. Smith, Jr., Hunter S. Allen, Jr., for appellants.

Bell & Desiderio, Charles R. Desiderio, for appellees.


DEEN, Presiding Judge.

Where a motion for new trial is defective in that no rule nisi signed by the trial judge is sought or obtained, setting the same for hearing and accompanied by service on the opposite party, and there is no amendment and no waiver, a motion to dismiss should be sustained.

There is no statute of limitation limiting the pendency of a motion for new trial, the filing of which nevertheless operates as a supersedeas of the judgment. Code...

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