Charleston & Western Carolina Railway Co. v. Heath

Court of Appeals of Georgia

Charleston & Western Carolina Railway Co. v. Heath

131 S.E.2d 137, 107 Ga. App. 671, 1963 Ga. App. LEXIS 948

CourtCourt of Appeals of Georgia

DecidedApril 23, 1963

Docket39783

StatusPublished

This text of 131 S.E.2d 137 (Charleston & Western Carolina Railway Co. v. Heath) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Charleston & Western Carolina Railway Co. v. Heath, 131 S.E.2d 137, 107 Ga. App. 671, 1963 Ga. App. LEXIS 948 (Ga. Ct. App. 1963).

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Opinion

Carlisle, Presiding Judge.

The judgment of this court in Charleston &c. R. Co. v. Heath, 107 Ga. App. 23 (129 SE2d 92), holding that the trial judge erred in overruling a motion for a judgment notwithstanding the mistrial made by the defendant, having been reversed by the Supreme Court of [672]*672Georgia on certiorari (Charleston &c. R. Co. v. Heath, 218 Ga. 786), the said judgment of this court is vacated and the judgment of the trial judge in the motion for judgment notwithstanding the mistrial in overruling said motion is affirmed in accordance with the judgment of the Supreme Court.

Decided April 23, 1963. Cumming, Nixon, Eve, Waller & Capers, Joseph B. Gumming, for plaintiffs in error. Randall Evans, Jr., contra.

Judgment affirmed.

Eberhardt and Russell, JJ., concur.

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Carlisle, Presiding Judge.

The judgment of this court in Charleston &c. R. Co. v. Heath, 107 Ga. App. 23 (129 SE2d 92), holding that the trial judge erred in overruling a motion for a judgment notwithstanding the mistrial made by the defendant, having been reversed by the Supreme Court of [672]*672Georgia on certiorari (Charleston &c. R. Co. v. Heath, 218 Ga. 786), the said judgment of this court is vacated and the judgment of the trial judge in the motion for judgment notwithstanding the mistrial in overruling said motion is affirmed in accordance with the judgment of the Supreme Court.

Decided April 23, 1963. Cumming, Nixon, Eve, Waller & Capers, Joseph B. Gumming, for plaintiffs in error. Randall Evans, Jr., contra.

Judgment affirmed.

Eberhardt and Russell, JJ., concur.

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131 S.E.2d 137, 107 Ga. App. 671, 1963 Ga. App. LEXIS 948, Counsel Stack Legal Research, https://law.counselstack.com/opinion/charleston-western-carolina-railway-co-v-heath-gactapp-1963.

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