Mize v. Ells

Supreme Court of Georgia

Mize v. Ells

22 Ga. 565

CourtSupreme Court of Georgia

DecidedJune 15, 1857

DocketNo. 5

StatusPublished

Cited by2 cases

This text of 22 Ga. 565 (Mize v. Ells) 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

Mize v. Ells, 22 Ga. 565 (Ga. 1857).

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Opinion

By the Court.

Lumpkin, J.

delivering the opinion.

By the Act of 1821, {Cobb 533,) a party may withdraw his claim once at his own instance, and without the consent [566]*566of the plaintiff in execution. May this privilege be exercised on the first trial, at any time, before the jury have retired to consider of the case? We see nothing in the statute itself, nor in the reason of the law, which restricts the exercise of this right, as was done by the Court in this case.

Our judgment consequently is, that the decision below be reversed.

Judgment reversed.

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By the Court.

Lumpkin, J.

delivering the opinion.

By the Act of 1821, {Cobb 533,) a party may withdraw his claim once at his own instance, and without the consent [566]*566of the plaintiff in execution. May this privilege be exercised on the first trial, at any time, before the jury have retired to consider of the case? We see nothing in the statute itself, nor in the reason of the law, which restricts the exercise of this right, as was done by the Court in this case.

Our judgment consequently is, that the decision below be reversed.

Judgment reversed.

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Bluebook (online)

22 Ga. 565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mize-v-ells-ga-1857.

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