Mayor of Cordele v. Williams
Court of Appeals of Georgia
Action for damages; from city court of Cordele — Judge Strozier. July 14, 1910.
1Opinion of the CourtHill, C. J.
1. A.motion to dismiss a plaintiff’s petition because it “fails to set up a cause of action” is in effect a demurrer; and the refusal to sustain such a motion is not a proper ground for a motion for a new trial, but should be directly excepted to.
2. The refusal of the court to continue a case because of alleged surprise caused by the allowance of an amendment is not cause for reversal, unless the refusal was a clear abuse of discretion. No abuse of discretion *446appears here. Ga., F. & A. Ry. Co. v. Sasser, 4 Ga. App. 276 (61 S. E. 505).
Action for damages; from city court of Cordele — Judge…
2Cases cited2 opinions
- Georgia, Florida & Alabama Railway Co. v. SasserCourt of Appeals of Georgia · 1908
- Albany & Northern Railway Co. v. WheelerCourt of Appeals of Georgia · 1909
3Cited by6 opinions
- Wright v. MorrisCourt of Appeals of Georgia · 1934
- Central of Georgia Railway Co. v. LindseyCourt of Appeals of Georgia · 1922
- Mewborn v. WeitzerCourt of Appeals of Georgia · 1915
- Farmers Oil & Guano Co. v. Southern Refining Co.Court of Appeals of Georgia · 1911
- Lanham v. PresleyCourt of Appeals of Georgia · 1910
1 more not listed; retrieve them via the Exa API.