Seaboard Air-Line Railway v. Reid
Court of Appeals of Georgia
Application for mandamus. Miller sued the railway company for personal injuries (the cutting off of both of his legs), and recovered a verdict for $25,000. The railway company brought the case to this court, on the overruling of a motion for a new trial, and the judgment was affirmed. See Seaboard Air-Line Railway v. Miller, 5 Qa.
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Application for mandamus. Miller sued the railway company for personal injuries (the cutting off of both of his legs), and recovered a verdict for $25,000. The railway company brought the case to this court, on the overruling of a motion for a new trial, and the judgment was affirmed. See Seaboard Air-Line Railway v. Miller, 5 Qa. App. 402 (63 S. E. 299). At the next term of the trial court after this court had rendered final judgment, the railway company presented to the trial judge an extraordinary motion for a new trial, based on the following ground: “That for the past two months, or…
1Opinion of the CourtPowell, J.
(After stating the foregoing facts.)
1. The rule now seems to be well settled in this State that after final judgment the losing party — other than the' State in a criminal case — is entitled to one bill of exceptions as a matter of right; and if the judge refuses to sign and certify the bill of exceptions when presented to him, if it truly states the facts, an application for mandamus will be granted by the Supreme Court or the Court of Appeals, according as the writ of error is returnable to the one or the other, compelling the. judge to sign and certify the bill of exceptions, irrespective…
2Cases cited5 opinions
- Harris v. RoanSupreme Court of Georgia · 1904
- Southern Railway Co. v. DeckerCourt of Appeals of Georgia · 1908
- Taylor v. ReeseSupreme Court of Georgia · 1899
- Rawlins v. MitchellSupreme Court of Georgia · 1906
- Willis v. FeltonSupreme Court of Georgia · 1904
3Cited by8 opinions
- Atlantic Coast Line Railroad v. SmithCourt of Appeals of Georgia · 1963
- Coggeshall v. ParkSupreme Court of Georgia · 1926
- Cox v. StateCourt of Appeals of Georgia · 1917
- Reserve Life Insurance v. PeavyCourt of Appeals of Georgia · 1957
- Central of Georgia Railway Co. v. O'KelleyCourt of Appeals of Georgia · 1915
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