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138 Ga. 581

Green v. Green

Supreme Court of Georgia

Decided August 17, 1912

Supreme Court of Georgia · decided 1912-08-17

<p>Equitable petition. Before Judge Eite. Gordon superior court. Mareb.8, 1911.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1912-08-17

How this case has been cited

Cited by 10 later decisions — most recently February 1981

10 state decisions

3019121920193019401950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lumpkin, J.

¶11. There was no abuse of discretion in overruling the motion to continue the case.

¶22. When the plaintiffs failed or refused to proceed with the trial after the overruling of the motion to continue, and offered no evidence, it was error to direct a verdict against them. The proper judgment was one of dismissal.

¶33. This will not require a reinstatement of the ease, or a new trial. But direction is given that the verdict and judgment thereon be vacated, and that in lieu thereof a judgment dismissing the case, with costs against the plaintiffs, be entered.

¶4(a) The plaintiffs in error, having obtained a substantial modification of the judgment, are entitled to have judgment for the costs of bringing the case to this court and those accruing in this,court.

¶5Judgment affirmed, with direction.

All the Justices concur.
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