Slater v. Manes
Supreme Court of Georgia
New trial. Practice in the Supreme Court. Practice in the Superior Court. Before Judge Schley. Bulloch Superior Court. October Term, 1874. After the judgment of the supreme court was rendered in the casé of Manes vs. Slater et al., 48 Georgia Reports, 589,t but before it was made the judgment of .the court below, Slater et al. renewed their motion for a new trial upon the same grounds that had been passed on by the supreme court, with the additional ground, added by…
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New trial. Practice in the Supreme Court. Practice in the Superior Court. Before Judge Schley. Bulloch Superior Court. October Term, 1874. After the judgment of the supreme court was rendered in the casé of Manes vs. Slater et al., 48 Georgia Reports, 589,t but before it was made the judgment of .the court below, Slater et al. renewed their motion for a new trial upon the same grounds that had been passed on by the supreme court, with the additional ground, added by amendment, of newly discovered evidence. This testimony was to the effect that Samuel Slater had possession of the property in…
1Opinion of the Court
Bleckley, Judge.
1. As to the grounds of new trial pronounced here insufficient on the former writ of error, they are res adjudieata. No second trial has been had in the court below, and these grounds come back to us with no new action or new light upon them.
2. It may be questioned whether the motion for new trial was amendable by adding, at- that stage, the ground of newly discovered evidence: Code, section 3716. Perhaps it was; but if so, the new hearing ought to have been confined to that ground alone, as if it were a separate extraordinary motion: Section 3721.
3. And that ground we hold…
2Cited by1 opinion
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