Montgomery v. Hardy Engineering Construction Co.

Full title: MONTGOMERY v. HARDY ENGINEERING CONSTRUCTION COMPANY, INC

Court: Court of Appeals of Georgia

Date published: May 25, 1962

126 S.E.2d 644 (Ga. Ct. App. 1962)

126 S.E.2d 644

Opinion

39533.

DECIDED MAY 25, 1962. REHEARING DENIED JUNE 6, 1962.

Motion for new trial. Fulton Civil Court. Before Judge Camp.

James L. Moore, for plaintiff in error.

Inslee M. Johnson, contra.

FELTON, Chief Judge.

1. Where a hearing on a motion for a new trial was continued six times and on the date last set for the hearing the court entered an order dismissing the motion for a new trial for want of prosecution and because no brief of evidence had been presented for approval, the judgment dismissing the motion for a new trial must be affirmed as against the only assignment of error in the bill of exceptions that the judgment dismissing the motion was contrary to law. Oliver v. Benson, 211 Ga. 268 ( 85 S.E.2d 418); Lambert Hoisting Engine Co. v. Bray Co., 127 Ga. 452 ( 56 S.E. 513); Smith v. State, 86 Ga. App. 403 ( 72 S.E.2d 462); Vinson v. State, 53 Ga. App. 224 ( 185 S.E. 529).

2. There was no assignment of error on the refusal of the court to continue the case because of the illness of movant's counsel.

Judgment affirmed. Bell and Hall, JJ., concur.

DECIDED MAY 25, 1962 — REHEARING DENIED JUNE 6, 1962.