Lee v. Central of Georgia Railway Co.
Supreme Court of Georgia
The Court of Appeals certified the following questions (in case' No. 7296): “1. In a case tried in the city court of Savannah a second new trial was granted the same party upon the sole ground that the evidence strongly preponderated in his favor, and in the order granting the new trial the judge of that court declared unconstitutional so much of the act approved August 13, 1915, relating to the city court of Savannah (Acts 1915, p. 123, Section 5), as provides: 'No second…
Read the full summary
The Court of Appeals certified the following questions (in case' No. 7296): “1. In a case tried in the city court of Savannah a second new trial was granted the same party upon the sole ground that the evidence strongly preponderated in his favor, and in the order granting the new trial the judge of that court declared unconstitutional so much of the act approved August 13, 1915, relating to the city court of Savannah (Acts 1915, p. 123, Section 5), as provides: 'No second new trial shall be granted in any case except for errors of law, or where there is no evidence to support the verdict.’…
1Opinion of the CourtGilbert, J.
1. The Court of Appeals has jurisdiction to hear and determine this case. It does not “involve the construction of the constitution of the State,” nor is it a case “in which the con*430stitutionality of any law of the State of Georgia ... is drawn in question,” in contemplation of the amendment to the constitution, ratified November'7, 1916, relating to the jurisdiction of the Supreme Court.
The record of the case, together with the query propounded by the Court of Appeals, shows that the trial judge, in rendering the judgment granting a new trial, declared a part of a statute of the General…
2Cases cited9 opinions
- New York Central Railroad Company v. WinfieldSupreme Court of the United States · 1916
- Cox v. StricklandSupreme Court of Georgia · 1904
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- New York Central & Hudson River Railroad v. TonsellitoSupreme Court of the United States · 1917
- Griggs v. StateSupreme Court of Georgia · 1908
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Gazaway v. NicholsonCourt of Appeals of Georgia · 1939
- Gazaway v. NicholsonSupreme Court of Georgia · 1940
- Southern Railway Co. v. AllenCourt of Appeals of Georgia · 1953
- Louisville & Nashville Railroad Co. v. LunsfordSupreme Court of Georgia · 1960
- Inlow v. StateSupreme Court of Georgia · 1929
10 more not listed; retrieve them via the Exa API.