Legal Opinion

Goodman v. Brown

Court of Appeals of Georgia

Decided April 17, 1916No. 6706PublishedCited by 3 opinions

Trover; from city court of Leesburg — Judge Martin. May 12, 1915.

1Opinion of the CourtWade, J.

In order to warrant the setting aside of a verdict and judgment, on the ground that the defendant was, by reason of sickness, prevented from being present at the trial, it is incumbent upon the movant to show that he was injured by such absence, that he had a meritorious defense, and that, had he been present, there would probably have been a different result and one more favorable to him. See McCall v. Miller, 120 Ga. 268 (47 S. E. 920); Phillips v. Taber, 83 Ga. 565, 566 (10 S. E. 270); Ferrill v. Marks, 76 Ga. 21; Peacock v. Usry, 52 Ga. 354. The defendant having failed to comply with this…

2Cases cited4 opinions

  1. Phillips v. TaberSupreme Court of Georgia · 1889
  2. Atlantic Coast Line Railroad v. Postal Telegraph-Cable Co.Supreme Court of Georgia · 1904
  3. Ferrill v. MarksSupreme Court of Georgia · 1886
  4. McCall v. MillerSupreme Court of Georgia · 1904

3Cited by3 opinions

  1. Williams v. LinnCourt of Appeals of Georgia · 1963
  2. Hancock v. Tipton Guano Co.Court of Appeals of Georgia · 1917
  3. Taylor v. KeownCourt of Appeals of Georgia · 1927

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