Savannah Guano Co. v. Abell

Court of Appeals of Georgia

Savannah Guano Co. v. Abell

95 S.E. 734, 22 Ga. App. 137, 1918 Ga. App. LEXIS 200

CourtCourt of Appeals of Georgia

DecidedApril 9, 1918

Docket9060

StatusPublished

Cited by1 cases

This text of 95 S.E. 734 (Savannah Guano Co. v. Abell) 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

Savannah Guano Co. v. Abell, 95 S.E. 734, 22 Ga. App. 137, 1918 Ga. App. LEXIS 200 (Ga. Ct. App. 1918).

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Opinion

Jenkins, J.

1. Since the exhibits attached to tile motion for a new trial in this case are specifically referred to therein as annexed, they thus became a part of the record; and the motion to dismiss the writ of error, on the ground that the exhibits attached to the motion for a new trial are “nowhere identified or allowed by the trial court as a part of the motion for new trial or as part of the record in the case,” is therefore overruled. Patterson v. Collier, 77 Ga. 292 (3 S. E. 119); Central of Georgia Ry. Co. v. O’Kelley, 16 Ca. App. 594 (85 S. E. 938).

2. Diligence is required of parties in the preparation of causes, and courts are not inclined to disturb verdicts occasioned by negligence; nor will the court relieve a party from the consequences of mere ignorance, inadvertence, or neglect, by granting a new trial. Denmond v. Hillyer, 129 Ga. 698 (59 S. E. 806); Dacy v. State, 17 Ga. 439; Marshall v. Means, 12 Ga. 61 (56 Am. D. 444); Rolfe v. Rolfe, 10 Ga. 143.

3. There was sufficient evidence to authorize the verdict, which has the approval of the trial judge, and. no reason appears why the verdict should be set aside.

Judgment affirmed.

Wade, C. J., and Luhe, J., concpr. .

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Jenkins, J.

1. Since the exhibits attached to tile motion for a new trial in this case are specifically referred to therein as annexed, they thus became a part of the record; and the motion to dismiss the writ of error, on the ground that the exhibits attached to the motion for a new trial are “nowhere identified or allowed by the trial court as a part of the motion for new trial or as part of the record in the case,” is therefore overruled. Patterson v. Collier, 77 Ga. 292 (3 S. E. 119); Central of Georgia Ry. Co. v. O’Kelley, 16 Ca. App. 594 (85 S. E. 938).

2. Diligence is required of parties in the preparation of causes, and courts are not inclined to disturb verdicts occasioned by negligence; nor will the court relieve a party from the consequences of mere ignorance, inadvertence, or neglect, by granting a new trial. Denmond v. Hillyer, 129 Ga. 698 (59 S. E. 806); Dacy v. State, 17 Ga. 439; Marshall v. Means, 12 Ga. 61 (56 Am. D. 444); Rolfe v. Rolfe, 10 Ga. 143.

3. There was sufficient evidence to authorize the verdict, which has the approval of the trial judge, and. no reason appears why the verdict should be set aside.

Judgment affirmed.

Wade, C. J., and Luhe, J., concpr. .

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Bluebook (online)

95 S.E. 734, 22 Ga. App. 137, 1918 Ga. App. LEXIS 200, Counsel Stack Legal Research, https://law.counselstack.com/opinion/savannah-guano-co-v-abell-gactapp-1918.

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