Legal Opinion
Ellard v. Simpson
Supreme Court of Georgia
Decided April 16, 1928No. 6426PublishedCited by 9 opinions
1Opinion of the CourtHines, J.
1. The court did not err in overruling the motion of the defendant to dismiss the motion for new trial, upon the ground that a motion to set aside the verdict and judgment was the proper remedy. Any motion to set aside a verdict, based on matters not appearing on the face of the record, is in effect a motion for new trial, and is subject to all the rules governing such motions. Lucas v. Lucas, 30 Ga. 191, 206 (76 Am. D. 642); Hyfield v. Sims, 87 Ga. 280 (13 S. E. 554); McCrary v. Gano, 115 Ga. 295, 296 (41 S. E. 580).
2. Where a plaintiff fails to appear and prosecute his case, and thus follow…
2Cases cited6 opinions
- Lucas v. LucasSupreme Court of Georgia · 1860
- Rountree v. KeySupreme Court of Georgia · 1883
- Hyfield v. Sims & Co.Supreme Court of Georgia · 1891
- McCrary v. GanoSupreme Court of Georgia · 1902
- Bateman v. Smith Gin Co.Supreme Court of Georgia · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Lucas v. LucasSupreme Court of Georgia · 1934
- Dollar v. Fred W. Amend Co.Supreme Court of Georgia · 1938
- Firemen's Insurance v. OliverSupreme Court of Georgia · 1932
- Kraft v. Forest Park Realty & Ins. Co.Court of Appeals of Georgia · 1965
- Watkins Co. v. HerringCourt of Appeals of Georgia · 1935
4 more not listed; retrieve them via the Exa API.