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1 Ga. L. Rep. 239

Ferrill v. Marks

Supreme Court of Georgia

Decided July 1, 1885

Supreme Court of Georgia · decided 1885-07-01

<p>Ejectment, from Richmond. New trial. Practice in Superior Court. (Before Judge Roney.)</p>

Decided 1885-07-01

Blandford, J.

¶11. It is not competent for a judge of the Superior •Court, sitting in chambers, to entertain an original motion for a new ■.trial, where no prior action has been taken in term time. 55 Ga., 344.

¶22. If the motion in this case had originated at the proper term, ■the affidavits to sustain it do not show that, if the plaintiff had been present at the trial, a different result would have been reached, nor that he was without fault in not being at the trial; and the motion was properly overruled.

¶3Judgment affirmed.

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