Richmond & Danville Railroad v. Allison
Supreme Court of Georgia
Damages. New trial. Jurisdiction. Before Judge Van Epps. City court of Atlanta. September term, 1891. On the last trial of this ease the jury found for the plaintiff $12,000 damages.
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Damages. New trial. Jurisdiction. Before Judge Van Epps. City court of Atlanta. September term, 1891. On the last trial of this ease the jury found for the plaintiff $12,000 damages. The defendant’s motion for a new trial contains the following grounds : That the September term of the city court had been abolished by law prior to the trial, and on September 17, the time of the trial, was in session without authority of law; and therefore the juries were illegally oi’ganized, and no verdict could be returned nor legal judgment reudered. In overruling this ground the judge cites the act…
1Opinion of the Court
G-ober, Judge.
This case has been here before. See 86 Ga. 145. Hpon the new trial the plaintiff got a verdict for a large amount. To the refusal of a new trial upon the general grounds, the defendant below brings the case here. Hpon the grounds insisted on, the right and power of the trial judge to grant a new trial is based upon two sections of the code, one of which is as follows : “ §3718. In any case when the verdict of a jury is found contrary to evidence and the principles of justice and equity, the presiding judge may grant a new trial before another *570jury.” This section speaks for…
2Cases cited2 opinions
- Richmond & Danville Railroad v. AllisonSupreme Court of Georgia · 1890
- Goldsmith v. StateSupreme Court of Georgia · 1879
3Cited by5 opinions
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- Miller v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1913