Richmond & Danville Railroad v. Mitchell
Supreme Court of Georgia
Action for damages. Before Judge Westmoreland. City court of Atlanta. May term, 1894. This is the second appearance of this case before the Supreme Court. See 92 Ga. 77. The suit was begun by attachment against the defendant as a non-resident. At the last trial the plaintiff' obtained a verdict for $8,000, and defendant’s motion for a new trial was overruled.
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Action for damages. Before Judge Westmoreland. City court of Atlanta. May term, 1894. This is the second appearance of this case before the Supreme Court. See 92 Ga. 77. The suit was begun by attachment against the defendant as a non-resident. At the last trial the plaintiff' obtained a verdict for $8,000, and defendant’s motion for a new trial was overruled. The motion contains many grounds, among them- that the verdict is contrary to law and evidence and is excessive, and the following: Error in overruling defendant’s oral motion to exclude all evidence, and its oral demurrer to the…
1Opinion of the Court
Lumpkin, Justice.
Section 4191 of the code provides that all demurrers to bills in equity (now called equitable petitions) must be made at the first term; and rule 28 of the superior courts provides that: ” “All matters appearing on the face of the declaration or process, that would not be good in arrest of judgment, shall be taken advantage of at the first term, and be immediately determined by the court.” New Rules of Court (1893), page 13; Code, page 1349. This rule is, of course, applicable to actions at law. It is well settled, however, in Georgia practice, that in actions either at law…
2Cases cited3 opinions
- Maddox v. County of RandolphSupreme Court of Georgia · 1880
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- Mayor of Cartersville v. MaguireSupreme Court of Georgia · 1890
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- Complete Auto Transit, Inc. v. FloydSupreme Court of Georgia · 1958
- Lee Street Auto Sales, Inc. v. WarrenCourt of Appeals of Georgia · 1960
- Southern Cotton Oil Co. v. RainesSupreme Court of Georgia · 1930
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