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McMullen v. Bank

51 S.E. 342, 123 Ga. 400, 1905 Ga. LEXIS 476
CourtSupreme Court of Georgia
DecidedJune 16, 1905
StatusPublished
Cited by13 cases

This text of 51 S.E. 342 (McMullen v. Bank) 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
McMullen v. Bank, 51 S.E. 342, 123 Ga. 400, 1905 Ga. LEXIS 476 (Ga. 1905).

Opinion

ITish, P. J.

1. “ In all applications for a new trial the opposite party shall he served with a copy of the rule nisi, unless such copy is waived.” Civil Code, § 5475; Smedley v. Williams, 112 Ga. 114.

2. Such service is essential though the application is to be heard''during the term at which the trial is had. The intimation to the contrary hi Baldwin v. Daniel, 69 Ga. 782, disapproved.

3. Where a rule nisi was granted on a motion for a new trial and ordered served, and the motion set to be heard at an adjourned term of the court at which it was made, to be held more than eighty days after the date of the rule, the court did not, at least, abuse its discretion in dismissing the motion for want of service, there being no excuse for failure of service, nor any evidence of waiver.

Judgment affirmed.

-All the Justices concur, except Simmons, O. J., absent.

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Bluebook (online)
51 S.E. 342, 123 Ga. 400, 1905 Ga. LEXIS 476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmullen-v-bank-ga-1905.