Supreme Court of Georgia, 1902

Merchants National Bank v. Fouché & Fouché

Merchants National Bank v. Fouché & Fouché
Supreme Court of Georgia · Decided February 6, 1902 · Simmons
114 Ga. 661; 40 S.E. 697; 1902 Ga. LEXIS 752

Merchants National Bank v. Fouché & Fouché

Opinion of the Court

Simmons, C. J.

The first grant of a new trial will not be disturbed by this court unless the verdict was demanded by the law and the evidence. This rule applies notwithstanding the fact that the judge had previously granted a nonsuit and that ruling had been reversed by this court and the case reinstated.

Judgment affirmed.

All the Justices concurring. Nat. Harris, Dean & Dean, and Neel & Neel, for plaintiffs in error. Fouché & Fouché, W. S. McHenry, G. A. Thornwell, R. A. Denny, Rowell & Rowell, and A. G. King, contra.

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