Burns v. Richardson
Supreme Court of Georgia
Equitable petition. Before Judge George. Irwin superior court. March 4, 1915. J. B. Richardson Jr., by his next friend, filed his petition against L. M. Burns and others, seeking to recover certain real and personal property, and rents, issues, and profits.
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Equitable petition. Before Judge George. Irwin superior court. March 4, 1915. J. B. Richardson Jr., by his next friend, filed his petition against L. M. Burns and others, seeking to recover certain real and personal property, and rents, issues, and profits. The defendant filed an answer, and also a plea setting up that permanent and valuable improvements had been made on the real estate by his wife, who claimed under her father’s will, and under whom he apparently claimed as her sole heir. This plea was stricken on demurrer, and exceptions pendente lite were filed. A verdict was rendéred in…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1. When a verdict in a case is rendered which is unsatisfactory to both parties, giving to the plaintiff less than he claims he is entitled to recover, and finding against the defendant more than he claims the plaintiff is entitled to recover, each party is entitled to move for a new trial. If each desires to set up the contention that the verdict is not supported by the evidence, under our practice a motion for a new trial would furnish the only remedy which each would have, for that purpose. If each has the right to file a motion for a new trial, he has…
2Cases cited8 opinions
- Reese v. Fidelity Mutual Life Ass'nSupreme Court of Georgia · 1900
- Mills v. GeerSupreme Court of Georgia · 1900
- Gardner v. GrannissSupreme Court of Georgia · 1876
- Smith v. SmithSupreme Court of Georgia · 1909
- Dean v. FeelySupreme Court of Georgia · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Munday v. BrissetteCourt of Appeals of Georgia · 1966
- Snellings v. DownerSupreme Court of Georgia · 1942
- Hamilton v. KinnebrewSupreme Court of Georgia · 1926
- Hagan v. Hudson InsuranceCourt of Appeals of Georgia · 1934
- Crawford v. MoormanSupreme Court of Georgia · 1932