Supreme Court of Georgia, 1905

Smith v. Hightower

Supreme Court of Georgia · Decided May 15, 1905 · Fish

123 Ga. 110; 51 S.E. 28; 1905 Ga. LEXIS 389

Cases that cite this one

5 later published cases cite this decision.

Freeman v. Franklin (Ga. Ct. App. 1933)
Griffith v. Sellers (Ga. 1930)
Cox v. Grady (Ga. 1909)
Atlantic & Birmingham Railway Co. v. Cobb (Ga. 1906)
Atlantic & Birmingham Railway Co. v. Cobb (Ga. 1906)

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

Fish, P. J.

This case falls within the rule, repeatedly announced by this court, that where it does not affirmatively appear that the verdict was demanded under the law and the evidence, the first grant of a new trial will not be disturbed, though based on a specified ground of the motion, whether such ground was meritorious or not. Elliott v. McCalla, ante, 26.

Judgment affirmed.

All the Justices concur, except Candler, J., absent.

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