Legal Opinion

Elliott v. McCalla

Supreme Court of Georgia

Decided May 13, 1905PublishedCited by 3 opinions

Complaint. Before Judge Proffitt. City court of Elberton. January 25, 1905.

1Opinion of the CourtFish, P. J.

This case is controlled by the well-established rule, that, where the verdict was not demanded under the law and the evidence, the grant of a first new trial will not be disturbed, though based on a single ground, and. without regard to whether or not such ground was meritorious. Macon Consolidated St. R. Co. v. Jones, 116 Ga. 351, and cases cited; Cordray v. Savannah Ry. Co., 117 Ga. 464; Mock v. Savannah Ry. Co., 122 Ga. 386.

Judgment affirmed.

All the Justices concur, except Candler, J., absent.

2Cases cited3 opinions

  1. Macon Consolidated Street Railroad v. JonesSupreme Court of Georgia · 1902
  2. Cordray v. Savannah, Thunderbolt & Isle of Hope RailwaySupreme Court of Georgia · 1903
  3. DeLoach v. Planters & Peoples Mutual Fire Ass'nSupreme Court of Georgia · 1905

3Cited by3 opinions

  1. Cox v. GradySupreme Court of Georgia · 1909
  2. Hill v. Wadley Southern Railway Co.Supreme Court of Georgia · 1907
  3. Freeman v. FranklinCourt of Appeals of Georgia · 1933