Legal Opinion

Flournoy, Hatcher & Co v. Wardlaw

Supreme Court of Georgia

Decided September 15, 1881PublishedCited by 3 opinions

Practice in Supreme Court. Practice in Superior Court. Landlord and Tenant. Actions. Debtor and Creditor. Before Judge WILLIS. Muscogee Superior Court. November Adjourned Term, 1880. Reported in the decision.

1Opinion of the Court

Crawford, Justice.

1. When this case was called, a motion was made to dismiss the same, because there was no certificate of the judge below that the grounds contained in the motion for a new trial were true. The certificate of the judge, was that the grounds set forth in the motion for a new trial were the grounds taken on trial as stated.

This is not such a verification as the law requires. The grounds of a motion for a new trial must be certified to be true, and not that they were the grounds taken. They may have been the grounds taken on the motion for a new trial, and yet not have been…

2Cases cited2 opinions

  1. Gillespie v. ChastainSupreme Court of Georgia · 1876
  2. Puffer v. PeabodySupreme Court of Georgia · 1877

3Cited by3 opinions

  1. Long v. ScanlanSupreme Court of Georgia · 1898
  2. Soell v. StateCourt of Appeals of Georgia · 1908
  3. Watson v. SudderthCourt of Appeals of Georgia · 1924

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