117 Ga. 517 | Ga. | 1903
In a suit by the Wiley Manufacturing Company against Mrs. Wood, there was, on December 30,1901, a ver
The motion for new trial was properly made in term. It was not heard at that term and no order was taken setting it for a hearing in vacation. It therefore went over to the next term of the court, subject to determination under the Civil Code, §§4323, 4324. No effort was made to acquire jurisdiction under these sections, and the judge was without jurisdiction of the motion until the next term of the court. He had no authority in the intervening vacation to hear or dispose of it at all. The motion is still pending, undisposed of by any valid judgment, in the court below. The judge assumed jurisdiction of the motion and passed upon its merits, and in so doing committed error.
Judgment reversed.