Holmes v. Holmes
Supreme Court of Georgia
Lewis, J. This court having, at the March term, 1899 (106 Ga. 858), decided that the petition of the plaintiffs in this case set forth a cause of action entitling them to a recovery, and the evidence on the second trial having substantially sustained the allegations of that petition, the court erred in directing a verdict for the defendants. There was a conflict in the evidence, and thecase should consequently have been submitted to a jury. Equitable petition.
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Lewis, J. This court having, at the March term, 1899 (106 Ga. 858), decided that the petition of the plaintiffs in this case set forth a cause of action entitling them to a recovery, and the evidence on the second trial having substantially sustained the allegations of that petition, the court erred in directing a verdict for the defendants. There was a conflict in the evidence, and thecase should consequently have been submitted to a jury. Equitable petition. Before Judge Beese. Oglethorpe superior court. December 11, 1900.
1Opinion of the CourtLewis, J.
This case was formerly before this court upon a demurrer to the plaintiffs’ petition, which was sustained by the court-*1166below; and tbe judgment was reversed on the ground that tbe petition as amended set forth a good cause of action. See Holmes v. Holmes, 106 Ga. 858. An examination of tbe record now before us discloses that the evidence for the plaintiffs sustained the material allegations of their petition. In fact the judge of the court below seems to have so considered, for he overruled a motion by defendants’ counsel to nonsuit the case. It is true that the defendants introduced evidence…
2Cases cited5 opinions
- Holmes v. HolmesSupreme Court of Georgia · 1899
- Thompson v. CodySupreme Court of Georgia · 1897
- Bond v. BrewerSupreme Court of Georgia · 1895
- Colson v. MeyersSupreme Court of Georgia · 1888
- Hall v. WorleySupreme Court of Georgia · 1896
3Cited by1 opinion
- Spires v. Southern States Phosphate & Fertilizer Co.Court of Appeals of Georgia · 1908