Legal Opinion

Fugazzi, Lovelace & Co. v. Tomlinson

Supreme Court of Georgia

Decided March 3, 1904PublishedCited by 24 opinions

Complaint. Before Judge Beid. City court of Atlanta. March 2, 1903.

1Opinion of the CourtTurner, J.

1. Until there has been in the triaL court a judgment finally dis- ' posing of a case, this court is without jurisdiction to entertain a complaint that error’was committed by the trial judge in striking, on demurrer, portions of the defendant’s answer. Turner v. Camp, 110 Ga. 631; Harvey v. Bowles, 112 Ga. 421; Berryman v. Haden, Id. 752; Ray v. Anderson, 117 Ga. 136.

2. As has heretofore been repeatedly announced, the first grant of a new trial will not be disturbed by this court unless it affirmatively appears that the evidence demanded the verdict returned by the jury.

Judgment affirmed.

All…

2Cases cited3 opinions

  1. Turner v. CampSupreme Court of Georgia · 1900
  2. Ray v. AndersonSupreme Court of Georgia · 1903
  3. Harvey v. BowlesSupreme Court of Georgia · 1900

3Cited by24 opinions

  1. Cox v. GradySupreme Court of Georgia · 1909
  2. Wright v. MorrisCourt of Appeals of Georgia · 1934
  3. McElroy v. StateSupreme Court of Georgia · 1905
  4. Vanzant v. First National BankSupreme Court of Georgia · 1927
  5. Stovall v. RumbleCourt of Appeals of Georgia · 1944

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