Snider & Wright v. Salter

Court of Appeals of Georgia

Snider & Wright v. Salter

78 S.E. 1023, 13 Ga. App. 157, 1913 Ga. App. LEXIS 83

CourtCourt of Appeals of Georgia

DecidedAugust 11, 1913

Docket4792

StatusPublished

This text of 78 S.E. 1023 (Snider & Wright v. Salter) 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

Snider & Wright v. Salter, 78 S.E. 1023, 13 Ga. App. 157, 1913 Ga. App. LEXIS 83 (Ga. Ct. App. 1913).

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Opinion

>Hill, C. J.

A case went to the trial calendar under the local rule, and while on that calendar the attorney for the defendant obtained from the presiding judge a leave of absence, which, under the rule, had the effect of checking or suspending the trial of the case until the expiration of the leave of absence and until after the giving of due notice to have the case resume its place on the trial calendar. During the absence of the defendant’s attorney under this leave of absence, the attorney for the plaintiffs, without notice to the absent attorney or his client, had the case called for trial and obtained a verdict for the plaintiffs. On the return of the attorney for the defendant after the expiration of his leave of absence, he for the first time discovered these facts. It was then too late to file a regular motion for a new trial. During the term of the court at which the verdict was rendered and judgment entered, but beyond the time limit for the filing of a regular motion for a new trial, the defendant filed a motion in the nature of an extraordinary motion for a new trial, setting out the foregoing facts, and asking that the verdict and judgment be set aside and a new trial granted. Held, that the discretion of the trial court in entertaining the motion for a new trial on extraordinary grounds and in granting a new trial will not be disturbed. Judgment affirmed.

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>Hill, C. J.

A case went to the trial calendar under the local rule, and while on that calendar the attorney for the defendant obtained from the presiding judge a leave of absence, which, under the rule, had the effect of checking or suspending the trial of the case until the expiration of the leave of absence and until after the giving of due notice to have the case resume its place on the trial calendar. During the absence of the defendant’s attorney under this leave of absence, the attorney for the plaintiffs, without notice to the absent attorney or his client, had the case called for trial and obtained a verdict for the plaintiffs. On the return of the attorney for the defendant after the expiration of his leave of absence, he for the first time discovered these facts. It was then too late to file a regular motion for a new trial. During the term of the court at which the verdict was rendered and judgment entered, but beyond the time limit for the filing of a regular motion for a new trial, the defendant filed a motion in the nature of an extraordinary motion for a new trial, setting out the foregoing facts, and asking that the verdict and judgment be set aside and a new trial granted. Held, that the discretion of the trial court in entertaining the motion for a new trial on extraordinary grounds and in granting a new trial will not be disturbed. Judgment affirmed.

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Bluebook (online)

78 S.E. 1023, 13 Ga. App. 157, 1913 Ga. App. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/snider-wright-v-salter-gactapp-1913.