Lumpkin v. Respess
This text of 68 Ga. 822 (Lumpkin v. Respess) 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.
Opinion
■i. The verdict is supported by the evidence.
2. A continuance was properly refused on the ground that a material witness was absent, when there was no evidence of his having been subpoenaed.
3. A new and distinct party cannot be added to a suit by amendment. Code, §3480.
4. Where a party to a suit has ample opportunity to inform the court of his sickness and obtain a continuance, after verdict in his absence, a new trial will not be granted cn the ground that he was sick, and — not expecting the case to be tried — did not send any affidavit of his sickness 51 Ga., 241; 53 Ib., 149; 54 Ib., 660; 59 Ib., 83.
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68 Ga. 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lumpkin-v-respess-ga-1882.