Sprinz v. Frank, Heyman & Rhine
Supreme Court of Georgia
Practice in superior court. Executions. Evidence. Praud. Nullities. Before Judge Gustin. Bibb superior court. November term, 1887. Reported iu the decision.
1Opinion of the Court
Bleckley, Chief Justice.
1. The court having rejected all the evidence offered upon an affidavit of illegality, directed the jury to return a verdict for the plaintiff. This was not a correct practice; there being no evidence before the jury, there was nothing upon which to base a verdict. If the *163court had ruled correctly in excluding all the evidence offered, then the proper disposition to.make of the case was to dismiss the illegality. Burdell vs. Blain, 66 Ga. 169; Stotesbury vs. Lanier, 42 Ga. 120; Thrasher vs. Foster, Id. 212; Doerflinger vs. Nelson, 76 Ga. 101. When there is no evidence…
2Cases cited6 opinions
- Dozier v. LambSupreme Court of Georgia · 1877
- Burdell v. BlainSupreme Court of Georgia · 1880
- Tillman v. DavisSupreme Court of Georgia · 1859
- Stotesbury v. LanierSupreme Court of Georgia · 1871
- Welch v. ButlerSupreme Court of Georgia · 1858
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3Cited by7 opinions
- Jinks v. American Mortgage Co.Supreme Court of Georgia · 1897
- Crawford v. IrwinSupreme Court of Georgia · 1954
- SOUTHWIND TRUCKING CO., INC. v. HarveyCourt of Appeals of Georgia · 1957
- Brown v. ConnerSupreme Court of Georgia · 1914
- Steinberg v. FreedmanCourt of Appeals of Georgia · 1937
2 more not listed; retrieve them via the Exa API.