99 Ga. App. 191 | Ga. Ct. App. | 1959
Where a motion for a new trial requires for its consideration a brief of evidence and no brief of evidence is filed in time, the motion should be dismissed. Nichols Contracting Co. v. Allen, 42 Ga. App. 306 (155 S. E. 770). Where a motion for a new trial is filed during term time and the rule nisi
Since the brief of evidence was not filed within the time prescribed by law or by the time set in the term order, the court erred in overruling the motion to dismiss the motion for a new trial. Wilson v. Van Gundy, 83 Ga. App. 566 (1), supra.
The main bills of exception are dismissed.
Judgments reversed on cross-bills of exception.