147 Ga. 821 | Ga. | 1918
This case was tried in the superior court of Chat-ham county on June 30, 1914. A motion for a new trial was made during the term when the verdict was rendered, and by an order granted during the same term, dated July 20, 1914, the hearing of the motion was set down for August 15, 1914. It was recited in the order that a brief of the evidence should be presented for approval “on or about the date aforesaid.” The brief of evidence was filed in the office of the clerk of the court on August T4, 1914, and on it was also endorsed this entry: “Approved this February 18, 1916. Walter G. Charlton, Judge E, J. C. of Ga.” There was no entry of service or acknowledgment of service of the motion for a new trial or of the rule nisi; but on the minutes of the court of March 11, 1916, was the following entry immediately after the title of the case (giving names of parties and nature of action) : “Arguments were heard irom counsel on both sides upon the motion for new trial filed in the above-entitled ease, after which the court took the matter under consideration. Court took a recess until 10 o’clock Monday morning. Correct. [Signed] Charlton, Judge S. C. E. J. C. of Ga.” Judge Charlton died nearly a year after this entry was made, without having passed upon the motion for a new trial. When
Judgment reversed.