Legal Opinion
Hines v. McLellan
Supreme Court of Georgia
Decided June 27, 1903PublishedCited by 27 opinions
Ejectment. Before Judge Spence. Decatur superior court. November 13,1902.
1Opinion of the CourtLamar, J.
1. When at the conclusion of the evidence offered for the plaintiff it appears that he has failed to make but a prima facie case, it is error to direct a verdict for the defendant on which final judgment can he entered; hut the court should award a nonsuit, thereby reserving to the plaintiff the right to institute “ a subsequent action for the same cause,” if he so desires. Civil Code, §5347; Exposition Cotton Mills v. W. & A. R. Co., 83 Ga. 441 (2).
2. A defendant who was not served with process, and did not appear in the lower court, need not be made a party to the bill of exceptions. Wyche…
2Cases cited2 opinions
- Exposition Cotton Mills v. Western & Atlantic RailroadSupreme Court of Georgia · 1889
- Wyche v. GreeneSupreme Court of Georgia · 1854
3Cited by27 opinions
- Barnes v. CarterSupreme Court of Georgia · 1904
- Budget Charge Accounts, Inc. v. PetersSupreme Court of Georgia · 1957
- Equitable Manufacturing Co. v. DavisSupreme Court of Georgia · 1908
- Savannah & Atlanta Railway Co. v. NewsomeCourt of Appeals of Georgia · 1954
- Durden v. HendersonSupreme Court of Georgia · 1957
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