Fairburn & Atlanta Railway & Electric Co. v. Hale

1. Upon a pending motion for a new trial of a case, where the judge has approved the charge of the court as presented to him and has approved all of the grounds, both general and special', of the motion, and has taken the motion under consideration, but, before finally passing thereon, discovers that the charge of the court as originally approved was not the charge actually given, and that one of the special grounds of the motion, complaining of an excerpt from the charge, does not speak the truth, it is not only the privilege but the duty of the judge to withdraw his approval of the charge…