Baird v. Bate

Supreme Court of Georgia

Baird v. Bate

39 S.E. 943, 114 Ga. 117, 1901 Ga. LEXIS 598

CourtSupreme Court of Georgia

DecidedNovember 7, 1901

StatusPublished

Cited by4 cases

This text of 39 S.E. 943 (Baird v. Bate) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Baird v. Bate, 39 S.E. 943, 114 Ga. 117, 1901 Ga. LEXIS 598 (Ga. 1901).

Pincite

Opinion

Fish, J.

1. When on the hearing of a motion for a new trial, accompanied by a brief of evidence which had been duly filed, the judge in fact approved the brief as correct and then proceeded to decide the motion on its merits, a written endorsement upon the brief of the judge’s approval thereof will, though entered after the date of the judgment disposing of the motion, be held to relate back to that date and as being effectual thereon.

2. It not appearing that the verdict rendered was demanded by the law and the evidence, and this being the first grant of a new trial, the discretion of the the trial judge will not be disturbed.

Judgment affirmed.

All the Justices concurring.

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