Simmons v. Goin
Synopsis
Diligence in Prosecuting Motion for New Trial.—If a judicial district is composed of several counties, and a statement on motion for a new trial is made and settled in one of these at the same term the judgment was rendered, the motion is prosecuted with diligence if brought to a hearing at the next term held in the county where judgment was rendered, although two terms may have intervened in other counties in the same district.
By the Court: We discover no error in the record upon which the judgment should be reversed; but we think that there was no such want of diligence upon .the part of the defendant, Goin, in the prosecution of his motion for a new trial, as justified the Court below in dismissing it.
Judgment affirmed. Order dismissing motion for a new trial reversed, and cause remanded for further proceedings on motion. Remittitur to issue forthwith.
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