Legal Opinion

Harrison v. Tate

Supreme Court of Georgia

Decided January 21, 1897PublishedCited by 5 opinions

Motion to reinstate. Before Judge Berry. City court of' Atlanta. January term, 1896. Two cases at a regular bar meeting were regularly called' and assigned for trial for Eriday, January 24, 1896, in the-second division of the city court of Atlanta. On that day the ■ cases were regularly reached in their order for trial, were-regularly called for trial, and, there being no appearance-for the plaintiffs, were dismissed for want of prosecution..

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Motion to reinstate. Before Judge Berry. City court of' Atlanta. January term, 1896. Two cases at a regular bar meeting were regularly called' and assigned for trial for Eriday, January 24, 1896, in the-second division of the city court of Atlanta. On that day the ■ cases were regularly reached in their order for trial, were-regularly called for trial, and, there being no appearance-for the plaintiffs, were dismissed for want of prosecution.. On the same day the plaintiffs moved to reinstate the cases • on the grounds, that when they were sounded for trial one • of the plaintiffs’ attorneys…

1Opinion of the CourtAtkinson, J.

The discretion of the trial judge in reinstating at the -same term of its dismissal a case which had been -dismissed because of a want of prosecution will not be controlled, unless it h-as been manifestly abused. Under the facts of the present case, the discretion of the co-ur't was not improperly exercised..

Judgment affirmed.

All the Justices concurring. 'Harrison & Peeples, for plaintiffs in error. Anderson, Felder & Davis, contra.

2Cited by5 opinions

  1. Shore v. BrownCourt of Appeals of Georgia · 1917
  2. Carolina Tree Service, Inc. v. CartledgeCourt of Appeals of Georgia · 1957
  3. Southern Railway Co. v. Empire Printing & Box Co.Supreme Court of Georgia · 1904
  4. Brooks v. BrooksSupreme Court of Georgia · 1932
  5. Kinney v. MillerCourt of Appeals of Georgia · 1966

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