Legal Opinion

Mayor of Dublin v. Dudley

Court of Appeals of Georgia

Decided November 11, 1907No. 408PublishedCited by 13 opinions

Action for damages, from city court of Dublin — Judge Burch. February 28, 1907.

1Opinion of the CourtRussell, J.

One of the grounds of the motion for a new trial is that the court erred in overruling a demurrer. It has been uniformly held, for many years, that this is not a proper ground of a motion for a new trial; and, in the language of Chief Justice Lumpkin, as used in the case of Sutton v. McLeod, 29 Ga. 594, we now say, “This principle is hoary with age. We bow to it reverently.”

Nor is it a good ground for a new trial that the judge failed to charge a proposition of law, ev.en though there was some slight evidence to support a charge thereon, where such charge would have given the defendant the…

2Cases cited1 opinion

  1. Jones v. StateSupreme Court of Georgia · 1860

3Cited by13 opinions

  1. Hall v. WingateSupreme Court of Georgia · 1924
  2. Equitable Manufacturing Co. v. Hill-Atkinson Co.Court of Appeals of Georgia · 1916
  3. Coulson v. StateCourt of Appeals of Georgia · 1913
  4. Guest v. BaldwinCourt of Appeals of Georgia · 1961
  5. Savannah Chemical Co. v. Beagg & SonCourt of Appeals of Georgia · 1914

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