Legal Opinion

City of Atlanta v. Miller

Supreme Court of Georgia

Decided May 16, 1906PublishedCited by 11 opinions

Motion to reinstate. Before Judge Calhoun. City court of Atlanta. April 8., 1905.

1Opinion of the CourtBumpkin, J.

1. Whether a case will be reinstated after a nonsuit, upon a motion made during the same term of court, is a matter within the legal discretion of the trial judge; and where he reinstates the case, his discretion will not be interfered with unless manifestly abused. Central R. Co. v. Folds, 86 Ga. 42; Southern Ry. Co. v. James, 114 Ga. 198.

2. Where a motion to reinstate a case is made, after a judgment of non-suit based on the general insufficiency of the evidence to make out a case, the pi'oper practice is to present a brief of the evidence along with the motion. But if the presiding judge…

2Cases cited3 opinions

  1. Southern Railway Co. v. JamesSupreme Court of Georgia · 1901
  2. Wallace v. CasonSupreme Court of Georgia · 1871
  3. Central Railroad & Banking Co. v. FoldsSupreme Court of Georgia · 1890

3Cited by11 opinions

  1. Buchanan v. JamesSupreme Court of Georgia · 1910
  2. Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
  3. City of Atlanta v. JenkinsSupreme Court of Georgia · 1912
  4. Shore v. BrownCourt of Appeals of Georgia · 1917
  5. Jones v. Pacific Fire InsuranceSupreme Court of Georgia · 1924

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