Home/Supreme Court of Georgia/Hines v. McLellan

Hines v. McLellan

45 S.E. 279, 117 Ga. 845, 1903 Ga. LEXIS 363
Supreme Court of Georgia·Decided June 27, 1903·Published·Cited by 27 cases

Opinion

Lamar, J.

1. When at the conclusion of the evidence offered for the plaintiff it appears that he has failed to make but a prima facie case, it is error to direct a verdict for the defendant on which final judgment can he entered; hut the court should award a nonsuit, thereby reserving to the plaintiff the right to institute “ a subsequent action for the same cause,” if he so desires. Civil Code, §5347; Exposition Cotton Mills v. W. & A. R. Co., 83 Ga. 441 (2).

2. A defendant who was not served with process, and did not appear in the lower court, need not be made a party to the bill of exceptions. Wyche v. Greene, 16 Ga. 47.

A Taking a recess is not the equivalent of an adjournment; and where the court took a recess from November 21, 1902, to January 19, 1903, and the judgment excepted to was signed November 13, 1902; the plaintiff in error had sixty days from the date of the decision within which to present the bill of exceptions, and the same was in time if tendered on or before January 12, 1903. King v. Sears, 91 Ga. 578 (8); Civil Code, § 5539.

Judgment reversed.

All the Justices concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Hines v. McLellan, 45 S.E. 279, 117 Ga. 845, 1903 Ga. LEXIS 363 (Ga. 1903).

45 S.E. 279 (Hines v. McLellan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Heiman v. Wynn
119 S.E.2d 76 (Court of Appeals of Georgia, 1961)
Heiman v. Wynn
118 S.E.2d 478 (Supreme Court of Georgia, 1961)
SOUTHWIND TRUCKING CO., INC. v. Harvey
101 S.E.2d 223 (Court of Appeals of Georgia, 1957)
Budget Charge Accounts, Inc. v. Peters
96 S.E.2d 887 (Supreme Court of Georgia, 1957)
Durden v. Henderson
96 S.E.2d 362 (Supreme Court of Georgia, 1957)
Savannah & Atlanta Railway Co. v. Newsome
83 S.E.2d 80 (Court of Appeals of Georgia, 1954)
Seymour v. Seymour
77 S.E.2d 433 (Supreme Court of Georgia, 1953)
Lewis v. Bowen
68 S.E.2d 900 (Supreme Court of Georgia, 1952)
Clay v. Smith
67 S.E.2d 235 (Supreme Court of Georgia, 1951)
Arledge v. Southeastern Stages Inc.
14 S.E.2d 463 (Supreme Court of Georgia, 1941)
Holliday v. Caldwell
9 S.E.2d 694 (Court of Appeals of Georgia, 1940)
Adams v. Seay
9 S.E.2d 117 (Court of Appeals of Georgia, 1940)
Robertson v. Carroll Furniture Co.
189 S.E. 273 (Court of Appeals of Georgia, 1936)
Cook v. Attapulgus Clay Co.
184 S.E. 334 (Court of Appeals of Georgia, 1936)
Clarke v. Order of United Commercial Travelers
79 F.2d 564 (Fifth Circuit, 1935)
Bulloch v. Hutcheson
174 S.E. 645 (Court of Appeals of Georgia, 1934)
Jones v. American Mutual Liability Insurance
172 S.E. 600 (Court of Appeals of Georgia, 1934)
O'Neal v. State
134 S.E. 332 (Court of Appeals of Georgia, 1926)
Callahan v. Atlantic Ice & Coal Corp.
126 S.E. 278 (Court of Appeals of Georgia, 1924)
Elrod v. Bagley
103 S.E. 841 (Supreme Court of Georgia, 1920)