Judges: PER CURIAM. —
Attorneys: Walker Willson, of Bartow, for Plaintiff in Error;
Johnson, Bosarge Allen, of Bartow, for Defendant in Error.
Filed: Nov. 13, 1931
Latest Update: Mar. 02, 2020
Summary: Plaintiff sued in assumpsit. Defendant plead a set-off. Trial was had before a jury and verdict rendered on November 8th, 1928, for plaintiff for a sum less than that claimed in the declaration. On November 9th, 1928, plaintiff moved the court to allow him fifteen days from the rendition of the verdict in which to file a motion for new trial. The motion was granted on November 10th, 1928, and the time for filing a motion for new trial, by order of the court, was extended to November 23rd, 1928.
Summary: Plaintiff sued in assumpsit. Defendant plead a set-off. Trial was had before a jury and verdict rendered on November 8th, 1928, for plaintiff for a sum less than that claimed in the declaration. On November 9th, 1928, plaintiff moved the court to allow him fifteen days from the rendition of the verdict in which to file a motion for new trial. The motion was granted on November 10th, 1928, and the time for filing a motion for new trial, by order of the court, was extended to November 23rd, 1928. O..
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The record in this cause having been considered by the court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929 (Extra Sess.) adopted by the Court as its opinion, it is considered, ordered and decreed by the court, that the trial judge is not without
jurisdiction to pass upon the motion for new trial duly made and presented herein, and the judgment of the court below is hereby reversed, and this cause remanded for furthere proceedings not inconsistent with the opinion.
BUFORD, C.J., AND WHITFIELD, ELLIS, TERRELL, BROWN AND DAVIS, J.J., concur.
