Thornton v. State

Court of Appeals of Georgia

Thornton v. State

84 S.E. 973, 16 Ga. App. 210, 1915 Ga. App. LEXIS 545

CourtCourt of Appeals of Georgia

DecidedApril 20, 1915

Docket6248

StatusPublished

Cited by1 cases

This text of 84 S.E. 973 (Thornton v. State) 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

Thornton v. State, 84 S.E. 973, 16 Ga. App. 210, 1915 Ga. App. LEXIS 545 (Ga. Ct. App. 1915).

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Opinion

Wade, J.

An acknowledgment of service of an order merely continuing the hearing of a motion for a new trial to another date will not dispense with service of a copy of the motion itself and of the rule nisi, as required by the original order of the trial judge, or be a compliance with the requirements of section 6080 of the Civil Code of 1910, and the court did not err in dismissing the motion because such service had not been made upon counsel for the State. Tyler v. Arnett, 13 Ga. App. 595 (79 S. E. 482); Smedley v. Williams, 112 Ga. 114 (37 S. E. 111); [211]*211McMullen v. Citizens Bank, 123 Ga. 400 (51 S. E. 342).

Decided April 20, 1915.

Motion for new trial; from city court of Nashville — Judge Christian. December 14, 1914.

William Story, for plaintiff in error. J. H. Gary, solicitor, contra.

Judgment affirmed.

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Wade, J.

An acknowledgment of service of an order merely continuing the hearing of a motion for a new trial to another date will not dispense with service of a copy of the motion itself and of the rule nisi, as required by the original order of the trial judge, or be a compliance with the requirements of section 6080 of the Civil Code of 1910, and the court did not err in dismissing the motion because such service had not been made upon counsel for the State. Tyler v. Arnett, 13 Ga. App. 595 (79 S. E. 482); Smedley v. Williams, 112 Ga. 114 (37 S. E. 111); [211]*211McMullen v. Citizens Bank, 123 Ga. 400 (51 S. E. 342).

Decided April 20, 1915.

Motion for new trial; from city court of Nashville — Judge Christian. December 14, 1914.

William Story, for plaintiff in error. J. H. Gary, solicitor, contra.

Judgment affirmed.

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Bluebook (online)

84 S.E. 973, 16 Ga. App. 210, 1915 Ga. App. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-state-gactapp-1915.

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