Public-domain · open source
OpenJurist

111 Ga. 860

Helmly v. Davis

Supreme Court of Georgia

Decided August 7, 1900

Supreme Court of Georgia · decided 1900-08-07

<p>Dismissal of motion for new trial. Before Judge Seabrook. Effingham superior court. November 16, 1899.</p>

Relies on Carroll v. East Tennessee, Virginia & Georgia Railway Co. · Central Railroad & Banking Co. v. Pool · Higginbotham v. Campbell

Good law ✅— No negative treatment on recordhow we know

Decided 1900-08-07

How this case has been cited

Cited by 4 later decisions — most recently March 1974

4 state decisions

1019001910192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Simmons, C. J.

¶1Where a motion for a new trial is made in term and ordered heard on a certain day in vacation, and, through no fault on thepart of the movant, is not heard on the day appointed, and no order is.taken extending the time, such motion is, by operation of law, returned to the court and remains until called up in its order. It is error to dismiss such a motion because it was not heard at the appointed time. “ Jurisdiction to proceed in term is not lost by an order to hear at chambers.” Higginbotham v. Campbell, 85 Ga. 639 ; Civil Code, § 5485 ; Dozier v. Owens, 63 Ga. 541; Brantley v. Hass, 69 Ga. 748 ; West v. Tones, 69 Ga. 763 ; Carroll v. Ry. Co., 82 Ga. 452 ; Central R. Co. v. Pool, 95 Ga. 410.

¶2Judgment reversed.

All the Justices concurring.
/111/ga/860 · .json · Public domain