Home/Supreme Court of Georgia/New England Mortgage Security Co. v. Collins

New England Mortgage Security Co. v. Collins

41 S.E. 270, 115 Ga. 104, 1902 Ga. LEXIS 313
CourtSupreme Court of Georgia
DecidedApril 1, 1902
StatusPublished
Cited by10 cases

This text of 41 S.E. 270 (New England Mortgage Security Co. v. Collins) 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
New England Mortgage Security Co. v. Collins, 41 S.E. 270, 115 Ga. 104, 1902 Ga. LEXIS 313 (Ga. 1902).

Opinion

Lumpkin, P. J.

1. Under the Civil Code, § 5484, a motion for a new trial, except when based on extraordinary grounds, must, if the term at which the case is tried continues longer than thirty days, be filed within thirty days from the trial. The motion being, under that section, filed subject to the approval of the judge, approval before filing is not essential. Central Railroad Co. v. Pool, 95 Ga. 410.

2. The proper office in which to file a motion for a new trial is that of the clerk of the court in which the case was tried. This being so, merely leaving the motion in the office of the judge, under the care of his special bailiff, amounts to no filing at all.

3. A motion for a new trial filed after the time prescribed by law can not be sustained as one based on sufficient extraordinary grounds merely because, on account of the absence of the judge, his approval of the motion could not be obtained before the filing took place.

Judgment reversed.

All the Justices concurring, except Little and Lewis, JJ., absent.

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Cite This Page — Counsel Stack

Bluebook (online)
41 S.E. 270, 115 Ga. 104, 1902 Ga. LEXIS 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-england-mortgage-security-co-v-collins-ga-1902.