85 Ga. 625 | Ga. | 1890
A case between these parties was pending in the superior court when the act of November 12, 1889, was approved and went into effect. It was tried on the next day, and a verdict was rendered for the plaintiffs. The defendants made a motion for a new trial, but did not file a brief of the evidence within 30 days after the trial. The session of the court continued for more than 30 days, and during the same term, the court, at the instance of the plaintiffs, dismissed the motion because a brief of the evidence had not been filed within 30 days after the trial, resting the decision upon the act above referred to. Subsequently in the same term, this judgment was, at the instance of the defendants, set aside, and the motion for a new trial was reinstated. To this last judgment the plaintiffs excepted, and the question made for our decision is, whether the act applies to a case pending at the time of its passage and tried afterwards.
In reinstating the motion for a new trial in the present case, the court adopted and applied .a correct construction of the act in question.
Judgment' affirmed.