Legal Opinion
Scott v. Powell Paving Co.
Court of Appeals of Georgia
Decided August 28, 1931No. 20882PublishedCited by 17 opinions
1Opinion of the CourtStephens, J.
1. Where a new trial has been granted, the case stands open on the docket ready for trial as if there had been no trial. Civil Code (1910), § 6094; Anderson v. Clark, 70 Ga. 362 (2). This is true notwithstanding that, under the law of the case as laid down by the appellate court when reversing the judgment of the trial court and granting a new trial, the party at whose instance the new trial was granted is, under the evidence adduced upon the trial, entitled, as a matter of law, to a recovery.
2. Although the testimony of a party to a case may as a matter of law preclude a recovery in his…
2Cases cited5 opinions
- Anderson v. ClarkSupreme Court of Georgia · 1883
- Phœnix Insurance v. GraySupreme Court of Georgia · 1901
- Hill v. Armour Fertilizer WorksCourt of Appeals of Georgia · 1917
- Owen v. PalmourSupreme Court of Georgia · 1900
- Powell Paving Co. of North Carolina Inc. v. ScottCourt of Appeals of Georgia · 1930
3Cited by17 opinions
- Atlantic Coast Line Railroad v. ClementsCourt of Appeals of Georgia · 1955
- United States Fidelity & Guaranty Co. v. ClarkeSupreme Court of Georgia · 1939
- Holton v. LankfordSupreme Court of Georgia · 1939
- Tommie v. StateCourt of Appeals of Georgia · 1981
- Griffin v. BarrettSupreme Court of Georgia · 1938
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