Rackley v. Miller
Supreme Court of Georgia
1Opinion of the Court
It is a well-settled rule that the decision of an appellate court is controlling on a subsequent appeal, if the pleadings and evidence are substantially the same. Where the evidence on the first trial was held by this court to be insufficient to authorize a jury to find for the petitioner's claim of reformation of a deed for alleged mutual mistake, and where the evidence on the second trial under the same pleadings, though in more detail, was substantially the same, it was not erroneous, on the second trial, to direct a verdict for the defendants on that issue.
No. 15457. MAY 10, 1946.
This…
2Cases cited6 opinions
- Miller v. RackleySupreme Court of Georgia · 1945
- Smoot v. AlexanderSupreme Court of Georgia · 1941
- Taylor v. FelderCourt of Appeals of Georgia · 1912
- American National Insurance v. NelsonCourt of Appeals of Georgia · 1943
- Cook v. Case Threshing Machine Co.Court of Appeals of Georgia · 1916
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3Cited by4 opinions
- Davis v. WightSupreme Court of Georgia · 1951
- Gibson v. RustinCourt of Appeals of Georgia · 2009
- Shockley v. NunnallyCourt of Appeals of Georgia · 1956
- White v. OwensCourt of Appeals of Georgia · 1962