24 S.E.2d 27 | Ga. | 1943
1. Where no time is fixed within which service of the motion for a new trial should be effected, such service may be perfected even after the hearing of the motion for new trial has been continued, if there be service upon the opposite party at such time before the date set for the final hearing as will enable the opposite party to prepare to resist the grant of the motion.
2. Where the verdict was not demanded by the evidence, the first grant of a new trial will not be disturbed.
A motion for new trial does not become automatically void because of failure to serve the respondent, and does not become void until dismissed. Town of Fairburn v. Brantley,
2. This is the first grant of a new trial. An examination of the record discloses that the verdict was not demanded by the evidence. In such a case the well-established rule is that the discretion of the trial judge in granting a new trial will not be disturbed.
Judgment affirmed. All the Justices concur.