Supreme Court of Georgia, 1857

Mize v. Ells

Supreme Court of Georgia · Decided June 15, 1857 · Lumpkin

22 Ga. 565

Cases that cite this one

2 later published cases cite this decision.

Kennedy v. Juhan (Ga. 1897)
Houser v. Brown (Ga. 1878)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

By the Court.

Lumpkin, J.

delivering the opinion.

By the Act of 1821, {Cobb 533,) a party may withdraw his claim once at his own instance, and without the consent *566of the plaintiff in execution. May this privilege be exercised on the first trial, at any time, before the jury have retired to consider of the case? We see nothing in the statute itself, nor in the reason of the law, which restricts the exercise of this right, as was done by the Court in this case.

Our judgment consequently is, that the decision below be reversed.

Judgment reversed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.