Lane v. State Highway Department
Lane v. State Highway Department
Opinion of the Court
Where it appears that an order setting a hearing on a motion for a new trial provides that the movants have until the hearing, whenever it may be; to prepare and present for approval a brief of the evidence, and where it appears that five appropriate orders of continuance were granted with each order preserving the rights of the parties contained under the motion, the movants have a right to present and tender a brief of the evidence and an amendment to the motion, on the last date set for a hearing thereon, without having their motion dismissed for the reason of laches. Each order of continuance shows that, on satisfactory cause shown to the court, and by consent of counsel for the respective parties, a continuance was granted. It affirmatively appears from the record that the condemnor obtained the last order of continuance. It cannot be said that the movants were guilty of laches for failing to tender, for approval, a brief of evidence to the trial judge before the time specified for such by the court. Particularly is this true when it affirmatively appears by the recital of facts in the bill of exceptions, certified as true by the trial judge and as shown
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.