Legal Opinion
Mercer v. J. & M. TRANSPORTATION CO.
Court of Appeals of Georgia
Decided February 9, 1961No. 38688PublishedCited by 28 opinions
1Opinion of the Court
Felton, Chief Judge.
Assuming for the sake of argument that the court erred in not dismissing the defendant’s answer, which we do not consider or decide, no- harm is shown since only the question of ascertaining the damages which were unliquidated at the time of trial was submitted to and decided by the jury, and the defendant had a right to introduce evidence on this question and to move for a new trial and to except as in other cases. Ben Hyman & Co. v. Solow, 101 Ga. App. 249 (113 S. E. 2d 489).
The special ground of the amended motion for a new trial complains that the court erred in…
2Cases cited3 opinions
- Clarke County School District v. MaddenCourt of Appeals of Georgia · 1959
- Georgia Railroad & Banking Co. v. FlyntCourt of Appeals of Georgia · 1956
- BEN HYMAN & CO., INC. v. SolowCourt of Appeals of Georgia · 1960
3Cited by28 opinions
- City of Columbus, Ga. v. MyszkaSupreme Court of Georgia · 1980
- NEDA Construction Co. v. JenkinsCourt of Appeals of Georgia · 1976
- John Thurmond & Associates, Inc. v. KennedySupreme Court of Georgia · 2008
- Atlanta Recycled Fiber Co. v. Tri-Cities Steel Co.Court of Appeals of Georgia · 1979
- Whitaker Acres, Inc. v. SchrenkCourt of Appeals of Georgia · 1984
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