Cherry v. Home Building & Loan Ass'n

55 Ga. 19

Opinion

Bleckley, Judge.

If the decision, foreshadowed by the court, had been one in denial of the motion, perhaps it would have been too late to withdraw; but we do not see why a victory may not be declined in the very moment of success. Men do not always know what to pray for; and when they see that an ill-chosen petition is about to be granted, to be obliged to persevere in it and accept the boon, whether they will or not, would be a strict rule of practice. It would seem that they ought to be allowed to drop their suit and quit the court — taxed only with the costs. Judgment on the motion was still in the future; it was not actually rendered; the judge simply announced, orally, that he should order the rule absolute opened; he passed no order. The case is not like that of a verdict made up and signed: 7 Georgia, 191; 34 Ibid., 572; 48 Ibid., 592. It may be, too, that even a verdict, wholly in the plaintiff’s favor for all his demand, would be no bar to a dismissal of the suit until after entry on the minutes, or perhaps until after the signing of judgment thereon: Code, section 3447.

Judgment reversed.