Horine v. Hicks
Court of Appeals of Georgia
Action on contract; from city court of Atlanta-—-Judge Reid. March 20, 1920. The action was by Mrs. Louise de Give Iiorine against Mrs. M. P. Hicks, for damages on account of the alleged breach of a contract of the defendant to purchase from the plaintiff certain land known as the “Lee Worsham place” and further described in the language quoted in the foregoing decision.
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Action on contract; from city court of Atlanta-—-Judge Reid. March 20, 1920. The action was by Mrs. Louise de Give Iiorine against Mrs. M. P. Hicks, for damages on account of the alleged breach of a contract of the defendant to purchase from the plaintiff certain land known as the “Lee Worsham place” and further described in the language quoted in the foregoing decision. A demurrer to the petition, was sustained on “ all the grounds thereof ” except two, and the petition was dismissed by the court. In the grounds sustained it was contended: that no cause of action was set forth; that it does…
1Opinion
ON APPLICATION TO ALLOW MOTION POR REHEARING.
Stephens, J.
1. Where the remittitur has been regularly transmitted from this court to the trial court and before it has been filed in the trial court and the judgment of this court made the judgment of that court, the remittitur will not be recalled by this court at the instance of the losing party, for the purpose of allowing the filing of a motion for a rehearing, when it does not appear that the judgment of this court is wrong and has been inadvertently rendered. Seaboard Air-Line Railway v. Jones, 119 Ga. 907 (91 S. E. 115). See, in this…
2Cases cited4 opinions
- Seaboard Air-Line Railway v. JonesSupreme Court of Georgia · 1904
- Curlew v. JonesSupreme Court of Georgia · 1917
- Rogers v. SmithSupreme Court of Georgia · 1917
- Hawk v. Western & Atlantic RailroadSupreme Court of Georgia · 1917