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Lawskills.com Georgia Caselaw
SHERMAN v. FLOYD et al.
37625.
Motion to set aside verdict and judgment. Floyd Superior Court. Before Judge Hicks. January 9, 1959.
QUILLIAN, Judge.
A motion denominated a motion to set aside a verdict and judgment but which is, under the law, a mere motion for new trial, comes too late when it is filed more than 30 days after the verdict is rendered.
At a term of the superior court subsequent to that at which a verdict and judgment were returned and entered up in the plaintiff's favor, and after more than thirty days had expired, the defendant filed a motion, which he denominated a motion to set aside the verdict and judgment. The pleadings read:
"Comes now George B. Sherman, who was the defendant in the above-styled case, and moves the court to set aside the verdict and judgment rendered in said case, and as grounds therefor respectfully shows to the court as follows:
"1. A copy of the petition, verdict of the jury, and the judgment of the court in said case is attached hereto, and made a part hereof, and is marked 'Exhibit A.'
"2. No defensive pleadings were filed in said case, defendant did not appear therein, or at the trial of said case, and was not represented at said trial, or otherwise, by counsel, and no evidence was presented on his behalf at said trial, and neither party to said cause made a written demand for trial by jury.
"3. At the trial of said case, no evidence was presented, either to the judge or to the jury, as to the amount of damages to be awarded to the plaintiffs or as to the injury or damage to the plaintiffs; and said judgment was entered without the presentation of evidence of the amount of damages, or as to the damages or injuries suffered by the plaintiffs. Furthermore, no evidence whatsoever was presented, either to the court or jury upon the trial of said case.
"For the foregoing reasons, and based upon the facts and allegations appearing in this motion, and the exhibits thereto, said judgment is illegal, and should be set aside."
The trial judge properly dismissed the motion. it was tantamount to a motion for new trial, filed too late to comply with Code (Ann.) 70-301; Carolina Tree Service, Inc. v. Cartledge, 96 Ga. App. 240 (99 S. E. 2d 705); Harper v. Mayes, 208 Ga. 766 (69 S. E. 2d 573); James v. Douglasville Banking Co., 26 Ga. App. 509 (106 S. E. 595); Georgia Ry. &c. Co. v. Hamer, 1 Ga. App. 673 (58 S. E. 54); Garfield Oil Mills v. Stephens, 16 Ga. App. 655, 659 (85 S. E. 983).
James Maddox, contra.
Harris, Harris & Glover, for plaintiff in error.
DECIDED APRIL 23, 1959.
Saturday May 23 00:54 EDT


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