Legal Opinion

Jones v. Bullard

Supreme Court of Georgia

Decided January 15, 1874PublishedCited by 3 opinions

New trial. Verdict. Practice in the Superior Court. Before Judge Gibson. Burke Superior Court. May Adjourned Term, 1873. Needham Bullard brought complaint against James V. Jones and Joseph B. Jones, principals, and Henry W. Jones, security, on a note made on January 1st, 1866, payable to the plaintiff, or bearer, on January 1st next thereafter, for $2,191 23, with credits thereon amounting to $52 65. The record fails to disclose any plea as having been filed.

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New trial. Verdict. Practice in the Superior Court. Before Judge Gibson. Burke Superior Court. May Adjourned Term, 1873. Needham Bullard brought complaint against James V. Jones and Joseph B. Jones, principals, and Henry W. Jones, security, on a note made on January 1st, 1866, payable to the plaintiff, or bearer, on January 1st next thereafter, for $2,191 23, with credits thereon amounting to $52 65. The record fails to disclose any plea as having been filed. The jury returned a verdict for the plaintiff. The defendants moved for a new trial upon the following grounds, to-wit: 1st. Because…

1Opinion of the Court

McCay, Judge.

Did this case stand alone on the question whether the movants were in laches as to the witness, and their own presence in the court at the calling of the case, we might think Judge Gibson’s judgment refusing the order to set aside, open to objection. Though when a case turns as this does on the conduct of the parties under the eye of the court, and in the management of the case, it ought to be a very strong case to call for the interference of this court. The appeal is to the discretion of the court to save the parties from what is claimed to be an inevitable'accident or…

2Cited by3 opinions

  1. Peavey v. CrawfordSupreme Court of Georgia · 1941
  2. Ward v. WardSupreme Court of Georgia · 1915
  3. Williams v. WilliamsCourt of Appeals of Georgia · 1967

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