Brooks v. Brooks
Cases that cite this one
3 later published cases cite this decision.
- Kinney v. Miller (Ga. Ct. App. 1966)
- Bowman v. Bowman (Ga. Ct. App. 1949)
- Durden v. Durden (Ga. 1940)
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
1. "When a ease has been withdrawn or dismissed, without a finding by the jury on the facts on which the defense rests, and the court below allows it to be reinstated, this court will not interfere with that discretion.” Vanzant v. Arnold, 31 Ga. 210; See also Harrison v. Tate, 100 Ga. 317 (27 S. E. 179); Bird v. Burgsteiner, 113 Ga. 1012 (39 S. E. 425); City of Atlanta v. Miller, 125 Ga. 495 (54 S. E. 538); Southern Railway Co. v. James, 114 Ga. 198 (39 S. E. 849); Glenn v. Glenn, 152 Ga. 793 (111 S. E. 378); Miraglia v. Bryson, 152 Ga. 828 (3 a) (111 S. E. 655).
2. The judge did not err in overruling the demurrer upon any of the grounds stated.
3. On the evidence the trial judge did not abuse his discretion in reinstating the case. Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.