
    Gary v. The State.
    1. Where during the term at which a case was tried and a motion for a new trial filed, an order was passed setting the hearing during an adjourned term to be held thereafter, the order further providing that if the motion was not then heard it should be heard at such time and place as the presiding judge might fix after five days notice to the parties, and the adjourned term not having been held, and no time having been fixed by the judge, it was error at the next regular term of the court to dismiss the motion on the ground “ that it was not sooner heard.”
    2. That the rule nisi for a new trial in a criminal case calls on the State of Georgia to show cause, etc., instead of calling upon the solicitor-general, is no ground for dismissing the motion. The State is the proper respondent to such a rule.
    June 4, 1894.
    Motion for a new trial. Before Judge McWhorter. Hart superior court. March term, 1894.
    W. L. Hodges and A. G. McCurry, for plaintiff in error.
   Judgment reversed.  