Thomason v. Fannin
Supreme Court of Georgia
Practice in the Superior Court. Judgments. Relief act of 1868. Before Judge Bartlett. Morgan Superior Court. September Term, 1874. The two cases above stated were argued and decided together. This report will be confined to tire first, which was before this court at a former term: See 50 Georgia Reports, 614. The facts of the second are identical, so far as they affect the principles involved.
Read the full summary
Practice in the Superior Court. Judgments. Relief act of 1868. Before Judge Bartlett. Morgan Superior Court. September Term, 1874. The two cases above stated were argued and decided together. This report will be confined to tire first, which was before this court at a former term: See 50 Georgia Reports, 614. The facts of the second are identical, so far as they affect the principles involved. Fannin, as administrator upon the estate of Mary Johnston, deceased, brought complaint against Thomason to the September term, 1866, on a note for $3,119 81, dated February 13th, 1861, fjnd due at…
1Opinion of the Court
Tkippe, Judge.
1. Section 3527 of the Code declares, in plain terms, that when a cause is sent back to the superior court by the supreme court, the same shall be in order for trial at the first term of the said superior court next after the session of the supreme' court. ■ There would be no doubt as to the construction to be given to this section, did not section 3722 provide, that if a new trial is ordered by the supreme court, said case shall stand for trial at the next term of said superior court after the remittitur is returned from the supreme court. If this last provision means that the…
2Cited by9 opinions
- Daniel v. Citizens & Southern National BankSupreme Court of Georgia · 1936
- Curtis v. AshworthSupreme Court of Georgia · 1928
- Graham v. GrahamSupreme Court of Georgia · 1912
- Carswell v. SchleySupreme Court of Georgia · 1877
- McLaws v. MooreSupreme Court of Georgia · 1889
4 more not listed; retrieve them via the Exa API.