Legal Opinion

Lumpkin v. Respess

Supreme Court of Georgia

Decided February 15, 1882PublishedCited by 5 opinions

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

  1. Atlantic & Gulf Railroad v. Florida Construction Co.Supreme Court of Georgia · 1874

3Cited by5 opinions

  1. Phillips v. TaberSupreme Court of Georgia · 1889
  2. Ayer v. JamesSupreme Court of Georgia · 1904
  3. Bryant v. Elberton & Eastern Railway Co.Court of Appeals of Georgia · 1917
  4. McAnally v. Bank of AbbevilleCourt of Appeals of Georgia · 1918
  5. Burnett v. JohnstonSupreme Court of Georgia · 1931

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