Legal Opinion

Pitts v. Carr

Supreme Court of Georgia

Decided August 15, 1878PublishedCited by 5 opinions

County Courts. New Trial. Before Judge Hall. Newton Superior Court. March Term, 1878. The county judge ordered a new trial in a civil case tried in his court. His decision was carried for review to the superior court by writ of certiorari, where his judgment was reversed. To this ruling defendant in certiorari excepted.

1Opinion of the Court

Bleckley, Justice.

The learning in the books of practice, touching writs of error coram nobis, and writs of error coram vobis, evinces that a motion for a new trial is in the nature of a writ of error. The power of a court to go back on its own findings and judgments, and reverse them, is a strong one; and in this state, the granting of new trials has been made a subject of constitutional law. Without referring to the earlier constitutions, it is only necessary to cite that of 1868, which, *455in treating of the superior courts, declares that “ There shall be no appeal from one jury in the…

2Cases cited1 opinion

  1. Daniel v. StateSupreme Court of Georgia · 1875

3Cited by5 opinions

  1. Western Union Telegraph Co. v. TaylorSupreme Court of Georgia · 1890
  2. Eatonton Oil & Auto Co. v. LedbetterSupreme Court of Georgia · 1932
  3. Pratt v. Rosa Jarmulowsky Co.Supreme Court of Georgia · 1933
  4. Alexander v. Muscogee County Board of AdjustmentCourt of Appeals of Georgia · 1960
  5. Alexander v. Muscogee County Board of AdjustmentCourt of Appeals of Georgia · 1960

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