Bull & Son v. Armour Fertilizer Works

Court of Appeals of Georgia

Bull & Son v. Armour Fertilizer Works

105 S.E. 616, 26 Ga. App. 151, 1921 Ga. App. LEXIS 33

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1921

Docket11779

StatusPublished

Cited by6 cases

This text of 105 S.E. 616 (Bull & Son v. Armour Fertilizer Works) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bull & Son v. Armour Fertilizer Works, 105 S.E. 616, 26 Ga. App. 151, 1921 Ga. App. LEXIS 33 (Ga. Ct. App. 1921).

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Opinion

Hill, J.

1. Where a motion for a new trial was filed and an order granted thereon allowing the movant until a fixed day in vacation to amend the motion and to prepare, perfect, and file a brief of the evidence, and on the day fixed no brief of the evidence was presented to the court, the motion was a mere nullity and the result is the same as if none had ever been made. Baker v. Johnson, 99 Ga. 374 (27 S. E. 706) ; Moxley v. Ga. Ry. & Electric Co., 122 Ga. 493 (50 S. E. 339); Smith v. State, 22 Ga. App. 616 (97 S. E. 96).

2, Where the final judgment was rendered against the defendants on January 29, 1920, a petition for certiorari presented on April 5, 1920, this being more than thirty days after the final determination of the case, was properly dismissed and overruled by the judge of the superior court, although he had previously sanctioned the application for the writ. Park’s Ann. Code, § 5188.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Hill, J.

1. Where a motion for a new trial was filed and an order granted thereon allowing the movant until a fixed day in vacation to amend the motion and to prepare, perfect, and file a brief of the evidence, and on the day fixed no brief of the evidence was presented to the court, the motion was a mere nullity and the result is the same as if none had ever been made. Baker v. Johnson, 99 Ga. 374 (27 S. E. 706) ; Moxley v. Ga. Ry. & Electric Co., 122 Ga. 493 (50 S. E. 339); Smith v. State, 22 Ga. App. 616 (97 S. E. 96).

2, Where the final judgment was rendered against the defendants on January 29, 1920, a petition for certiorari presented on April 5, 1920, this being more than thirty days after the final determination of the case, was properly dismissed and overruled by the judge of the superior court, although he had previously sanctioned the application for the writ. Park’s Ann. Code, § 5188.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

105 S.E. 616, 26 Ga. App. 151, 1921 Ga. App. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bull-son-v-armour-fertilizer-works-gactapp-1921.

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