McDOUGALL v. STONER

50154.

136 Ga. App. 586 (1975)

222 S.E.2d 69

McDOUGALL et al. v. STONER et al.

Court of Appeals of Georgia.

Decided October 30, 1975.

Rehearing Denied November 18, 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.

1. Our decision in the above styled case, 134 Ga.App. 342 (214 S.E.2d 384) having been reversed by the Supreme Court in 235 Ga. 171, our decision in said case is hereby vacated. Failure to attach a rule nisi to a motion for new trial does not demand a dismissal of the motion.

2. However, where the matter is called to the attention...

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