White v. Butt
| Decision Date | 04 June 1897 |
| Citation | 27 S.E. 680,102 Ga. 552 |
| Parties | WHITE v. BUTT, Judge. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
1. Even if an extraordinary motion for a new trial could be made in vacation, there was, in the present case, no error in declining to entertain the motion presented, nor does the refusal to certify the bill of exceptions complaining of such action afford any legal cause for granting a mandamus nisi against the judge.
2. The alleged newly discovered evidence upon which the motion for a new trial now brought to the attention of this court is based is merely cumulative to the case as disclosed in the record heretofore considered, and ought not to have produced a different result. It contains nothing giving to this proceeding "the peculiar characteristic of being an extraordinary motion." Cox v. Hillyer, 65 Ga. 57.
Application by Henry White for mandamus to W. B. Butt, judge, to compel the signing of a bill of exceptions to the refusal of an extraordinary motion for a new trial. Writ denied.
C. J. Thornton, for movant.
Mandamus nisi denied.
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... ... Hopkins, supra; Cox v. Hillyer, supra; Hanye v ... Candler, 99 Ga. 214, 25 S.E. 606; Perry v ... State, 102 Ga. 368, 30 S.E. 903; White v. Butt, ... 102 Ga. 552, 27 S.E. 680; Harris v. Roan, supra; S. A. L ... Ry. v. Reid, 6 Ga.App. 18, 63 S.E. 1130 ... 7 ... ...
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Griffin v. Brand
...would produce a different verdict upon another trial. Malone v. Hopkins, supra; Hanye v. Candler, 99 Ga. 214, 25 S.E. 606; White v. Butt, 102 Ga. 552, 27 S.E. 680; v. Candler, 102 Ga. 368, 30 S.E. 903; Cox v. Hillyer, supra. The above ruling, however, applies to cases where the alleged newl......
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Griffin v. Brand
...compel him to certify a bill of exceptions assigning error upon such refusal (Harris v. Roan, 119 Ga. 379, 46 S. E. 433; White v. Butt, 102 Ga. 552, 27 S. E. 680; Seaboard Air Line Ry. v. Reid, 6 Ga. App. 18, 63 S. E. 1130); but, where he does, in fact, entertain the motion and hears and de......