Knowles v. Jourdan
Supreme Court of Georgia
Claim. New trial. Before Judge Tompkins. Pierce Superior Court. March Term, 1878. Jourdan, for use, etc., had certain land levied on. Charlotte Knowles claimed it. On the trial, the court non-suited plaintiff in fi.fct. ’ He moved for a new trial on the ground that this was error, and also because of newly discovered evidence. The motion was overruled and he excepted. For the other facts, see the opinion.
1Opinion of the Court
Jackson, Justice.
In this case the plaintiff in execution failed to show title in the defendant in execution, or possession in him since the date of the judgment; whereupon he was non-suited and the levy was dismissed. Thereupon he moved for a new trial upon the ground of error in the non-suit, and upon the further ground of newly discovered testimony. The court below granted the new trial, and the claimant excepted, and assigns for error the judgment granting the new trial on either ground.
1. The court did not err in non-suiting the plaintiff and dismissing the levy upon the facts disclosed…
2Cases cited4 opinions
- Wallace v. Tumlin & StegallSupreme Court of Georgia · 1871
- Deloach & Wilcoxson v. MyrickSupreme Court of Georgia · 1849
- Cunningham v. SchleySupreme Court of Georgia · 1870
- McConnell v. RhodesSupreme Court of Georgia · 1853
3Cited by8 opinions
- Coleman & Burden Co. v. RiceSupreme Court of Georgia · 1898
- Southern Mining Co. v. BrownSupreme Court of Georgia · 1899
- Thompson & Co. v. American Mortgage Co. of Scotland Ltd.Supreme Court of Georgia · 1899
- Spencer v. WrightCourt of Appeals of Georgia · 1933
- Newsome Lumber Co. v. Ramsey Motor Co.Court of Appeals of Georgia · 1926
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