Legal Opinion

Glenn v. Glenn

Supreme Court of Georgia

Decided February 18, 1922No. 2627PublishedCited by 17 opinions

Libel for divorce. Before Judge Munro. Muscogee superior court. April 30, 1921.

1Opinion of the CourtAtkinson, J.

1. A motion to set aside a judgment granting a nonsuit and to reinstate the case is one of the remedies available to the plaintiff. City of Atlanta v. Jenkins, 137 Ga. 454 (73 S. E. 402), and cases cited.

2. Whether such motion will be granted is a matter within the legal discretion of the trial judge; and where he reinstates the case his discretion will not be controlled, 'unless manifestly abused. Southern Railway Co. v. James, 114 Ga. 198 (39 S. E. 849).

3. It is an abuse of discretion to set aside the judgment and reinstate the case where there is no evidence to authorize a verdict in the…

2Cases cited3 opinions

  1. Ring v. RingSupreme Court of Georgia · 1903
  2. City of Atlanta v. JenkinsSupreme Court of Georgia · 1912
  3. Southern Railway Co. v. JamesSupreme Court of Georgia · 1901

3Cited by17 opinions

  1. Grogan v. DeraneyCourt of Appeals of Georgia · 1928
  2. Cahoon v. WillsSupreme Court of Georgia · 1934
  3. Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
  4. Jones v. Pacific Fire InsuranceSupreme Court of Georgia · 1924
  5. Jackson v. Atlanta Goodwill Industries Inc.Court of Appeals of Georgia · 1933

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