Turner v. Carroll
Supreme Court of Georgia
Costs. Judgments. Practice in the Supreme Court. Before Judge Hall. Eockdale Superior Court. October Term, 1875. A remittitur from the supreme court, in the case of Carroll vs. Turner, reversing the judgment of the court below refusing a new trial, but directing that such new trial should still be refused if the defendant in error complied with certain conditions, was made the judgment of the superior court by an order reciting that the defendant in error had accepted the…
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Costs. Judgments. Practice in the Supreme Court. Before Judge Hall. Eockdale Superior Court. October Term, 1875. A remittitur from the supreme court, in the case of Carroll vs. Turner, reversing the judgment of the court below refusing a new trial, but directing that such new trial should still be refused if the defendant in error complied with certain conditions, was made the judgment of the superior court by an order reciting that the defendant in error had accepted the terms stated. Counsel for plaintiff in error in that case moved for judgment for costs incurred in the supreme court. The…
1Opinion of the Court
Bleckley, Judge.
On writ of error, this court reversed a judgment refusing a new trial, but added instructions to the court below to refuse the new trial still, if the defendant in error would consent to certain prescribed terms. When the remittitur was entered in that court he accepted the terms. The court, nevertheless, permitted the plaintiff in error to take judgment for the costs incurred in this court.
The Code, section 4290, applies to all judgments of reversal. In this case there was such a judgment in express terms. The court below had refused a new trial unconditionally. The…
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