Supreme Court of Georgia, 1902

Pitts v. Florida Central & Peninsular Railroad

Supreme Court of Georgia · Decided July 22, 1902 · Simmons

115 Ga. 1013; 42 S.E. 383; 1902 Ga. LEXIS 682

Cases that cite this one

1 later published case cites this decision.

Wallace v. Yarbrough (Ga. Ct. App. 1980)

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

¡Simmons, C. J.

1. After a plaintiff has closed his evidence and the court has granted a nonsuit, but before the order has been written or entered upon the minutes, a motion to reopen the case is addressed to the sound discretion of the court, and its refusal will not be interfered with by this court.

.2. Under the facts disclosed by the record, there was no error in granting a non-suit.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

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