Legal Opinion

City of Atlanta v. Swiney

Court of Appeals of Georgia

Decided June 29, 1917No. 8488PublishedCited by 6 opinions

Action for damages; from city court of Atlanta—Judge Eeid. January 13, 1917.

1Opinion of the CourtGeobge, J.

1. The alleged error in allowing the amendment to the petition is not presented by exceptions pendente lite, or by direct exception timely made, and can not be considered.

2. An assignment of error on the overruling of a motion for a nonsuit will not be considered, if the case proceeds to verdict, and if the defendant excepts to the overruling of a motion for a new trial, based upon the general grounds.

3. It is not error for a judge to refuse to direct a verdict.

4. Where an act of officers and agents of a municipal corporation is within the corporate power and may lawfully be accomplished if…

2Cases cited1 opinion

  1. Langley v. City CouncilSupreme Court of Georgia · 1903

3Cited by6 opinions

  1. GEORGIA NORTHEASTERN R. CO., INC. v. LuskSupreme Court of Georgia · 2003
  2. Whitaker Acres, Inc. v. SchrenkCourt of Appeals of Georgia · 1984
  3. Mayor of Gainesville v. WhiteCourt of Appeals of Georgia · 1921
  4. City of Atlanta v. HolcombCourt of Appeals of Georgia · 1917
  5. Wear v. State, Dept. of RoadsNebraska Supreme Court · 1983

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