46 Ga. App. 468 | Ga. Ct. App. | 1933
1. Where, upon the call for hearing of a motion to reinstate a dismissed motion for a new trial, counsel representing the movant in the motion to reinstate moved for a continuance of the hearing on the motion to reinstate, upon the ground that the call of the motion to
2. Upon the hearing of the motion to reinstate the motion for a new trial, where the only issue presented for determination was as above indicated, while the evidence was conflicting, there was evidence that counsel for the movant in the motion to reinstate had, by his associate counsel in the motion for a new trial, been made acquainted with the terms of the settlement as proposed by the plaintiff’s attorney, and had agreed that his associate counsel should consummate a settlement of the case with the plaintiff’s attorney, the court was authorized to find that counsel for the movant in the motion to reinstate had consented to allow his associate counsel to consummate a settlement of the case and to dismiss the motion for a new trial, and that pursuant to such agreement associate counsel had agreed with plaintiff’s counsel to a settlement of the case and had authorized the dismissal of the motion for a new trial. The court did not err in overruling the motion to reinstate the motion for a new trial.
Judgment affirmed.