New England Mortg. Sec. Co v. Collins
| Decision Date | 01 April 1902 |
| Citation | 41 S.E. 270,115 Ga. 104 |
| Parties | NEW ENGLAND MORTG. SEC. CO. v. COLLINS. |
| Court | Georgia Supreme Court |
NEW TRIAL—FILING MOTION—SUFFICIENCY.
1. Under section 5484 of the Civil Code, a motion for a new trial, except when based on extraordinary grounds, must, if the term atwhich the case is tried continues longer than 30 days, be filed within 30 days from the trial. The motion being, under that section, tiled subject to the approval of the judge, approval before filing is not essential. Railroad Co. v. Pool, 22 S. E. G31, 95 Ga. 410.
2. The proper office in which to file a motion for a new trial is that of the clerk of the court in which the case was tried. This being so, merely leaving the motion in the office of the judge, under the care of his special bailiff, amounts to no filing at all.
3. A motion for a new trial filed after the time prescribed by law cannot be sustained as one based on sufficient extraordinary grounds merely because, on account of the absence of the judge, his approval of the motion could not be obtained before the filing took place.
(Syllabus by the Court.)
Error from superior court, Richmond county; E. L Brinson, Judge.
Action between the New England Mortgage Security Company and H. B. Collins. From the judgment, the security company brings error. Reversed.
Hamilton Phinizy, for plaintiff in error.
F. W. Capers, for defendant in error.
Judgment reversed.
LITTLE and LEWIS, J J., absent on account of sickness.
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