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209 Ga. 404

73 S.E.2d 194

Leventhal v. Baumgartner

Supreme Court of Georgia

Decided November 12, 1952

Supreme Court of Georgia · decided 1952-11-12

Relies on Anderson v. Clark

Good law ✅— No negative treatment on recordhow we know

Decided 1952-11-12

How this case has been cited

Cited by 5 later decisions — most recently December 2001

5 state decisions

20195219601970198019902000decided

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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Atkinson, Presiding Justice.

¶1 Where a new trial has been granted, the case stands ready for trial as if there had been no trial. The effect of the grant of a new trial by this court is to require the case to be heard de novo unless specific direction be given in regard thereto. Code, i 70-401; Anderson v. Clark, 70 Ga. 362 (2). And notwithstanding the plaintiff in error, in the first trial, made a written request for a charge on the law of undue influence, yet, upon the second trial it was error for the trial judge to charge on that subject where there was no evidence to authorize a charge on undue influence.

¶2 Judgment reversed.

All the Justices concur, except Duckworth, C.J., and Head, J., who dissent.
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