104 Ga. 536 | Ga. | 1898
The plaintiff in error was in the city court of Atlanta found guilty of beating his wife. He filed a motion for a new trial, and an order ivas passed allowing him fifteen days within which to file in vacation a brief of the evidence. This order was dated February 14, 1898. The motion was set for a hearing on February 23, but on the latter day continued until March 16, doubtless for the reason that the day first fixed arrived before the expiration of the fifteen days originally granted to the movant within which to file his brief of the evidence. No order was passed at any time extending the period for the filing of the brief, which expired February 29. The brief was not in fact filed until March 9. On March 11, the judge, over the movant’s objection, called up the motion and dismissed it on the ground that the brief of evidence had not been filed within the time limited. The facts as above recited are taken from the bill of exceptions, which the judge in the usual form certified as true. In a supplemental certificate be further certified that J. L. Cobb, counsel for the movant, agreed that the bearing of the motion for a new trial be had on March 11. The
Judgment reversed.