Supreme Court of Georgia, 1902

Gardner v. State

Supreme Court of Georgia · Decided November 12, 1902 · Candler, Lumpkin, Simmons

116 Ga. 537; 42 S.E. 758; 1902 Ga. LEXIS 168

Cases that cite this one

2 later published cases cite this decision.

Scott v. State (Ga. 1947)
Scott v. State (Ga. 1947)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Simmons, C. J.

A motion for new trial made and filed in vacation is in law a mere nullity. Such a motion should therefore be dismissed, and it is error to entertain it and undertake to decide it upon its merits. Collier v. State, 115 Ga. 17; Johnson v. State, ante.

Judgment reversed, with direction.

All the Justices concurring, except Lumpkin, P. J., absent, and Candler, J., not presiding.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.