58 Ga. App. 797 | Ga. Ct. App. | 1938
1. A motion to set aside a verdict and judgment on the general grounds, which are grounds for a motion for
2. It is essential to the validity of a motion for new trial, including an extraordinary motion, that the motion be made in term time. Collier v. State, 115 Ga. 17 (41 S. E. 261). It is also essential to the validity of any motion for new trial that the brief of evidence be filed at the term at which the motion is made, unless an order of the court is taken extending the time for the filing of the brief of evidence to a date subsequent to the term. Reed v. Warnock, 146 Ga. 483 (91 S. E. 545); Nichols Contracting Co. v. Allen, 42 Ga. App. 306 (155 S. E. 770). See Code, §§ 70-301, 70-302.
3. Where a motion to set aside a verdict and judgment on the ground indicated in paragraph 1 above, which is in effect a motion for new trial, is filed at a term subsequent to the term at which the verdict and judgment are rendered, and is therefore in effect an extraordinary motion for new trial, it is error for the court to provide in the order, when issuing the rule nisi extending the date for the hearing of the motion, that the movant shall not be required to prepare and present for approval or file a brief of the evidence in the ease. Where the movant had not presented for approval, and there had not been filed, a brief of the evidence, it was also error for the court, at a term subsequent to the one at which the motion for new trial was filed, to overrule the respondent’s motion to dismiss the motion for new trial on the ground that no brief of the evidence had been filed with the motion for new trial; and it was error to approve a brief of the evidence and to allow it to be filed.
Judgment reversed.