Schley v. Schofield & Son
Supreme Court of Georgia
Judgments. New trial. Practice in the Supreme Court. Before Judge Gibson. Richmond Superior Court. October Term, 1877. This case was before this court in 59 Ga., 537. Upon filing the remittitur counsel for Schofield ¡fe Son proposed to take the following order: “ The remittitur from the supreme court having been received, reversing the decision of this court ‘ on the ground that the court erred in passing ihe order to hold up the fund to await the future sale of the…
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Judgments. New trial. Practice in the Supreme Court. Before Judge Gibson. Richmond Superior Court. October Term, 1877. This case was before this court in 59 Ga., 537. Upon filing the remittitur counsel for Schofield ¡fe Son proposed to take the following order: “ The remittitur from the supreme court having been received, reversing the decision of this court ‘ on the ground that the court erred in passing ihe order to hold up the fund to await the future sale of the machinery, it being the opinion of this court that Schofield & Son’s judgment had the superior lien on the money raised from the…
1Opinion of the Court
Bleckley, Justice.
As a general rule, where the writ of error is founded upon a trial below in which both law and fact were involved, and where the complaint is that the plaintiff in error lost his case when he was entitled to gain it, and where this court is of opinion that he was entitled to gain it, and where, for that reason, the judgment of the court below is reversed, a new trial follows unless this court, by way of direction, dictates something else. A new trial follows because the former trial terminated in a wrong result. No mere suspension took place, but the trial was concluded ; it…
2Cases cited1 opinion
- Walker v. DoughertySupreme Court of Georgia · 1854
3Cited by24 opinions
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Holton v. LankfordSupreme Court of Georgia · 1939
- Crockett v. GraySupreme Court of Kansas · 1884
- First State Bank of Nortonville v. MortonCourt of Appeals of Kentucky · 1912
- Docter v. RiedelWisconsin Supreme Court · 1897
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