115 Ga. 608 | Ga. | 1902
The case of Cowan & Co. against Hyatt came on for a hearing in the superior court'of Gilmer county, and on May 23,1901, a verdict was returned for the defendant. The plaintiffs
We are clearly of the opinion that the motion to dismiss ought to have been sustained. Under the original order of May 23d, it was doubtless contemplated that Cowan & Co. should have until the final hearing to file a brief of the evidence, and none of the orders intervening between that date and October 24th made any change with respect to this matter. The order passed by consent of the parties on the latter date did, however, expressly undertake to limit the time for filing the brief to November 16th. That day came and went, and yet the brief of evidence was not filed. It was too late to file it afterwards. The mere agreement to postpone the hearing of the motion from November 16th to November 18th could
Judgment reversed.