Legal Opinion

Neal v. Fox

Supreme Court of Georgia

Decided November 8, 1901PublishedCited by 3 opinions

Certiorari. Before Judge Eite. Whitfield superior court. April 6, 1901.

1Opinion of the CourtSimmons, C. J.

1. Even if it is necessary that a petition for certiorari should be signed by the petitioner or his counsel, it is sufficient if the petitioner sign, the affidavit to the petition.

2. Where upon the trial of a case before a magistrate in a justice’s court the plaintiff closes his evidence and the defendant moves to dismiss the case because of an insufficiency of the plaintiff’s evidence, the magistrate should not dismiss the case, but, if the plaintiff’s evidence is not sufficient to authorize a judgment in his favor, should grant a nonsuit or find in favor of the defendant. If the magistrate…

2Cited by3 opinions

  1. Perry v. Brunswick & Western Railway Co.Supreme Court of Georgia · 1904
  2. Knox v. CrumpCourt of Appeals of Georgia · 1915
  3. Smith v. WhitakerCourt of Appeals of Georgia · 1929

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