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Brooks v. Brooks
"When a ease has been withdrawn or dismissed, without a finding by the jury on the facts on which the defense rests, and the court below allows it to be reinstated, this court will not interfere with that discretion.” Vanzant v. Arnold, 31 Ga. 210 ; See also Harrison v. Tate, 100 Ga. 317 ( 27 S. E. 179 ); Bird v. Burgsteiner, 113 Ga. 1012 ( 39 S. E. 425 ); City of Atlanta v. Miller, 125 Ga. 495 ( 54 S. E. 538 ); Southern Railway Co. v. James, 114 Ga. 198 ( 39 S. E. 849 ); Glenn v. Glenn, 152 Ga. 793 ( 111 S. E. 378 ); Miraglia v. Bryson, 152 Ga. 828 (3 a) ( 111 S. E. 655 ). 2.
Retrieving the full opinion text from the archive…
Phillips
v.
Napier Brothers
v.
Napier Brothers
Supreme Court of Georgia.
Mar 22, 1897.
Hardeman & Moore, for plaintiff in error., Smith & Jones, contra.
Cobb.
Published
Cobb, J.
This case is controlled by the established and thoroughly settled rule, that where no error of law has been committed by the trial court, a finding of fact based upon conflicting evidence will not by this court be disturbed. Judgment affirmed.
All the Justices concurring.