Baird v. Bate

Supreme Court of Georgia

Baird v. Bate

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

Supreme Court of Georgia·Decided November 7, 1901·Published·Cited by 4 cases

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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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.

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

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Opinion

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