Lumpkin v. Respess
Supreme Court of Georgia
1Opinion of the Court
■i. The verdict is supported by the evidence.
2. A continuance was properly refused on the ground that a material witness was absent, when there was no evidence of his having been subpoenaed.
3. A new and distinct party cannot be added to a suit by amendment. Code, §3480.
4. Where a party to a suit has ample opportunity to inform the court of his sickness and obtain a continuance, after verdict in his absence, a new trial will not be granted cn the ground that he was sick, and — not expecting the case to be tried — did not send any affidavit of his sickness 51 Ga., 241; 53 Ib., 149; 54 Ib., 660;…
2Cases cited1 opinion
- Atlantic & Gulf Railroad v. Florida Construction Co.Supreme Court of Georgia · 1874
3Cited by5 opinions
- Phillips v. TaberSupreme Court of Georgia · 1889
- Ayer v. JamesSupreme Court of Georgia · 1904
- Bryant v. Elberton & Eastern Railway Co.Court of Appeals of Georgia · 1917
- McAnally v. Bank of AbbevilleCourt of Appeals of Georgia · 1918
- Burnett v. JohnstonSupreme Court of Georgia · 1931