City of Atlanta v. Miller
Supreme Court of Georgia
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
- Southern Railway Co. v. JamesSupreme Court of Georgia · 1901
- Wallace v. CasonSupreme Court of Georgia · 1871
- Central Railroad & Banking Co. v. FoldsSupreme Court of Georgia · 1890
3Cited by11 opinions
- Buchanan v. JamesSupreme Court of Georgia · 1910
- Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
- City of Atlanta v. JenkinsSupreme Court of Georgia · 1912
- Shore v. BrownCourt of Appeals of Georgia · 1917
- Jones v. Pacific Fire InsuranceSupreme Court of Georgia · 1924
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