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140 Ga. 131

Lothridge v. Varnadore

Supreme Court of Georgia

Decided June 13, 1913

Supreme Court of Georgia · decided 1913-06-13

<p>Equitable petition. Before Judge Conyers. Appling superior court. March 21, 1912.</p>

Relies on Southern Railway Co. v. Merritt

Good law ✅— No negative treatment on recordhow we know

Decided 1913-06-13

How this case has been cited

Cited by 11 later decisions — most recently September 1961

11 state decisions

60191319201930194019501960decided

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. The charge in this case was not well arranged, and was in some respects subject to criticism; but when considered as a whole, in the light of the evidence, it does not furnish ground for a new trial.

¶22. Although at one time in delivering his charge the presiding judge used the word “plaintiff” instead of the word “defendant,” yet this will not necessitate a new trial where the context plainly shows that it was a mere slip of the tongue, and such as was not calculated to mislead the jury. Southern Railway Co. v. Merritt, 120 Ga. 409 (47 S. E. 908).

¶33. The verdict was supported by the evidence, and there was no error in overruling the motion for a new trial.

¶4Judgment affirmed.

All the Justices concur.
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