Legal Opinion

Greene v. McIntyre

Court of Appeals of Georgia

Decided March 5, 1969No. 43848, 43849PublishedCited by 23 opinions

1Opinion of the Court

Bell, Presiding Judge.

The petition was sufficient to state a claim for relief under the Civil Practice Act (Ga. L. 1966, pp. 609, 619; Code Ann. § 81A-108).

In one ground of enumerated error, defendant contends the court erred in re-opening the case for the purpose of having the evidence reported.

Ordinarily, it is within the sound discretion of the court, in a case tried by the court sitting without a jury, to re-open the case for further testimony while holding the matter for decision. See Electric R. Co. v. Savannah, Fla. & W. R. Co., 87 Ga. 261 (2) (13 SE 512); Hartford &c. Co. v. Garland,…

2Cases cited8 opinions

  1. Lewis v. FoySupreme Court of Georgia · 1940
  2. Palmer v. StevensCourt of Appeals of Georgia · 1967
  3. Hirsch's v. AdamsCourt of Appeals of Georgia · 1968
  4. Cooper v. BrockCourt of Appeals of Georgia · 1968
  5. Lowe v. PresleyCourt of Appeals of Georgia · 1952

3 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Jenkins v. BOARD OF ZONING &C. CITY OF COLUMBUSCourt of Appeals of Georgia · 1970
  2. Tingle v. Arnold, Cate & AllenCourt of Appeals of Georgia · 1973
  3. Fogarty v. StateSupreme Court of Georgia · 1999
  4. Henson v. Columbus Bank & Trust Co.Court of Appeals of Georgia · 1977
  5. Horton v. AmmonsCourt of Appeals of Georgia · 1971

18 more not listed; retrieve them via the Exa API.

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