Legal Opinion
McClelland v. Carmichael Tile Co.
Court of Appeals of Georgia
Decided November 20, 1956No. 36438PublishedCited by 16 opinions
1Opinion of the CourtTownsend, J.
The trial court granted the motion for judgment notwithstanding the verdict on the theory that there was a fatal variance between the allegata and probata, citing in his judgment Dixie Ornamental Iron Co. v. Parrish, 91 Ga. App. 11 (84 S. E. 2d 716), and Central R. & Bkg. Co. v. Cooper, 95 Ga. 406 (22 S. E. 549), both of which cases were concerned with motions for a new trial. The function of the motion for judgment non obstante veredicto is not the same as that of a motion for a new trial, but is a summary method of disposing of the entire litigation where it is obvious that the party…
2Cases cited17 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- Napier v. StrongCourt of Appeals of Georgia · 1917
- Thompson v. Etowah Iron Co.Supreme Court of Georgia · 1893
- Irvin v. LockeSupreme Court of Georgia · 1946
- Gallagher v. California Pacific Title & Trust Co.California Court of Appeal · 1936
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Carmichael Tile Co. v. McClellandSupreme Court of Georgia · 1957
- Robbins v. Welfare Finance Corp.Court of Appeals of Georgia · 1957
- Tennyson v. StateSupreme Court of Georgia · 2007
- Jackson's Mill & Lumber Co. v. HollidayCourt of Appeals of Georgia · 1963
- Central of Georgia Railway Co. v. BrowerCourt of Appeals of Georgia · 1962
11 more not listed; retrieve them via the Exa API.