Hudmon v. Hill

Supreme Court of Georgia

Hudmon v. Hill

22 S.E.2d 835, 194 Ga. 841, 1942 Ga. LEXIS 693

CourtSupreme Court of Georgia

DecidedNovember 10, 1942

Docket14303.

StatusPublished

Cited by3 cases

This text of 22 S.E.2d 835 (Hudmon v. Hill) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hudmon v. Hill, 22 S.E.2d 835, 194 Ga. 841, 1942 Ga. LEXIS 693 (Ga. 1942).

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Opinion

Duckworth, Justice.

The ruling by this court that it. was reversible error to direct a verdict in favor of the plaintiffs was tantamount to holding that the evidence would have supported a verdict for the defendants. In Brenner v. Wright, 187 Ga. 770 (2 S. E. 2d, 410), it was said: “Since the evidence on the plea of prescription on all three of the appearances of the case in this court is substantially the same, the rulings made by this court on the legal effect of the evidence are now the law of the case.” We have here a ease where the evidence is not only substantially the same, but is precisely the same; and, as stated by this court in Dixon v. Federal Farm Mortgage Corporation, 187 Ga. 660 (1 S. E. 2d, 732), “It is well settled that a former decision of this court in the same case becomes the law of that case, and can not thereafter, upon a subsequent appeal, be modified or overruled.” It follows that the judgment excepted to was authorized by the evidence; and there being no other assignment of error, the judgment is

Affirmed.

All the Justices concur.

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Duckworth, Justice.

The ruling by this court that it. was reversible error to direct a verdict in favor of the plaintiffs was tantamount to holding that the evidence would have supported a verdict for the defendants. In Brenner v. Wright, 187 Ga. 770 (2 S. E. 2d, 410), it was said: “Since the evidence on the plea of prescription on all three of the appearances of the case in this court is substantially the same, the rulings made by this court on the legal effect of the evidence are now the law of the case.” We have here a ease where the evidence is not only substantially the same, but is precisely the same; and, as stated by this court in Dixon v. Federal Farm Mortgage Corporation, 187 Ga. 660 (1 S. E. 2d, 732), “It is well settled that a former decision of this court in the same case becomes the law of that case, and can not thereafter, upon a subsequent appeal, be modified or overruled.” It follows that the judgment excepted to was authorized by the evidence; and there being no other assignment of error, the judgment is

Affirmed.

All the Justices concur.

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Bluebook (online)

22 S.E.2d 835, 194 Ga. 841, 1942 Ga. LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudmon-v-hill-ga-1942.

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