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Leventhal v. Baumgartner

73 S.E.2d 194, 209 Ga. 404, 1952 Ga. LEXIS 523
CourtSupreme Court of Georgia
DecidedNovember 12, 1952
Docket17996
StatusPublished
Cited by4 cases

This text of 73 S.E.2d 194 (Leventhal v. Baumgartner) 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
Leventhal v. Baumgartner, 73 S.E.2d 194, 209 Ga. 404, 1952 Ga. LEXIS 523 (Ga. 1952).

Opinion

Atkinson, Presiding Justice.

Where a new trial has been granted, the case stands ready for trial as if there had been no trial. The effect of the grant of a new trial by this court is to require the case to be heard de novo unless specific direction be given in regard thereto. Code, i 70-401; Anderson v. Clark, 70 Ga. 362 (2). And notwithstanding the plaintiff in error, in the first trial, made a written request for a charge on the law of undue influence, yet, upon the second trial it was error for the trial judge to charge on that subject where there was no evidence to authorize a charge on undue influence.

Judgment reversed.

All the Justices concur, except Duckworth, C.J., and Head, J., who dissent.

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Related

Bankhead v. State
558 S.E.2d 407 (Court of Appeals of Georgia, 2001)
Willingham v. State
215 S.E.2d 521 (Court of Appeals of Georgia, 1975)
Reagan v. Reagan
143 S.E.2d 736 (Supreme Court of Georgia, 1965)
Baker v. Decatur Lumber & Supply Co.
82 S.E.2d 820 (Supreme Court of Georgia, 1954)

Cite This Page — Counsel Stack

Bluebook (online)
73 S.E.2d 194, 209 Ga. 404, 1952 Ga. LEXIS 523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leventhal-v-baumgartner-ga-1952.