Murphy v. Harris

Supreme Court of Georgia

Murphy v. Harris

49 Ga. 292

DecidedOctober 15, 1872

StatusPublished

This text of 49 Ga. 292 (Murphy v. Harris) 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

Murphy v. Harris, 49 Ga. 292 (Ga. 1872).

Pincite

Opinion

Triple, Judge.-

This Court has frequently held that the rule is more liberal in reviewing the question whether the Court below has abused its discretion in deciding a motion for a new trial, where the same has been granted, than in the case of a refusal to grant such motion. In this case, we are satisfied that there was no such abuse. As the case is to be tried efe novo on its merits, under the evidence, and as that is the sole question in it, we forbear to discuss it, and leave it to be again submitted to a jury, unbiased by anything we might say.

Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Triple, Judge.-

This Court has frequently held that the rule is more liberal in reviewing the question whether the Court below has abused its discretion in deciding a motion for a new trial, where the same has been granted, than in the case of a refusal to grant such motion. In this case, we are satisfied that there was no such abuse. As the case is to be tried efe novo on its merits, under the evidence, and as that is the sole question in it, we forbear to discuss it, and leave it to be again submitted to a jury, unbiased by anything we might say.

Judgment affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

49 Ga. 292, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-harris-ga-1872.