Powell v. Howell
Supreme Court of Georgia
Action for recovery of land, in Chattahoochee Superior Court. Tried before Judge Kiddoo, November Term, 1856 Rule nisi and motion for new trial. At the November Term, 1855, of Chattahoochee Superior Court, there was a verdict in this case for plaintiff; after which (at the same term of the Court, defendant’s counsel moved for a rule nisi, calling upon plaintiff to show cause as soon as counsel could be heard, why said verdict should not be set aside and a new trial granted.
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Action for recovery of land, in Chattahoochee Superior Court. Tried before Judge Kiddoo, November Term, 1856 Rule nisi and motion for new trial. At the November Term, 1855, of Chattahoochee Superior Court, there was a verdict in this case for plaintiff; after which (at the same term of the Court, defendant’s counsel moved for a rule nisi, calling upon plaintiff to show cause as soon as counsel could be heard, why said verdict should not be set aside and a new trial granted. The presiding Judge granted the rule, and the same was continued to the next term. At May Term, 1856, plaintiff moved to…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
Although the record presents many' assignments-of error on the decisions and judgments of the Court below,.it will be necessary to consider those -alone, which are founded on-the refusal of the Court to dismiss the rule nisi for a new trial, and as connected with it, the Court’s decision allowing other grounds to be added to the rule, at the term of the Court at which it was heard.
[1.] Power is conferred by statute on the Judges-presiding on the trial of causes in the Superior Court to grant new trials. The statute declares that they shall be…
2Cited by4 opinions
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