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Farmers State Bank v. Maddox Coffee Co.

142 S.E. 198, 37 Ga. App. 804, 1928 Ga. App. LEXIS 629
CourtCourt of Appeals of Georgia
DecidedMarch 7, 1928
Docket18617
StatusPublished
Cited by1 cases

This text of 142 S.E. 198 (Farmers State Bank v. Maddox Coffee Co.) 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
Farmers State Bank v. Maddox Coffee Co., 142 S.E. 198, 37 Ga. App. 804, 1928 Ga. App. LEXIS 629 (Ga. Ct. App. 1928).

Opinion

Luke, J.

A motion for a new trial, being a motion addressed to the sound discretion of the court, ought not to be sustained upon the ground that the movant was not present in court at the time of the trial, where the absence was not due to accident or adventitious circumstance; the inquiry in such a case being limited to questions of due diligence, and not extending to a consideration of the merits of the proposed detense. Dor this reason the court erred in granting the motion for a new trial in this case.

Judgment reversed.

Broyles, G. J., concurs. Bloodworth, J., absent on accoxmt of illness.

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Related

Brawner v. Wilkins
150 S.E.2d 721 (Court of Appeals of Georgia, 1966)

Cite This Page — Counsel Stack

Bluebook (online)
142 S.E. 198, 37 Ga. App. 804, 1928 Ga. App. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-state-bank-v-maddox-coffee-co-gactapp-1928.