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Leathers v. Leathers

76 S.E. 44, 138 Ga. 740, 1912 Ga. LEXIS 686
CourtSupreme Court of Georgia
DecidedSeptember 27, 1912
StatusPublished
Cited by15 cases

This text of 76 S.E. 44 (Leathers v. Leathers) 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
Leathers v. Leathers, 76 S.E. 44, 138 Ga. 740, 1912 Ga. LEXIS 686 (Ga. 1912).

Opinion

Fish, C. J.

1. Where in a former suit between the same parties, and relating to the same subject-matter, a verdict and judgment were rendered against the defendant, whose motion for a new trial was overruled, and such judgment was affirmed by the Supreme Court, a petition subsequently brought by the defendant, to review and set aside the verdict and judgment, was properly dismissed on general demurrer, where it appeared that the grounds for review were such as were known, or could by reasonable diligence have been discovered in time to incorporate them in the motion for new trial made in the former case.

2. Such petition for review was subject to dismissal, at any time before verdict, for failure to set out a cause of action.

Judgment a'ffirmed.

All the Justices concur. Equitable petition. Before Judge Edwards. Douglas superior court. March 23, 1911. J. 8. James, for plaintiffs. H. W. Nalley and J. H. McLarty, for defendants.

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Bluebook (online)
76 S.E. 44, 138 Ga. 740, 1912 Ga. LEXIS 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leathers-v-leathers-ga-1912.