Murphy v. Mitchell

Court of Appeals of Georgia

Decided September 22, 1923

Court of Appeals of Georgia · decided 1923-09-22

Relies on Central of Georgia Railway Co. v. Perkerson · Lee v. Bagwell

Good law ✅— No negative treatment on recordhow we know

Decided 1923-09-22

How this case has been cited

Cited by 10 later decisions — most recently May 1965

10 state decisions

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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Stephens, J.

¶1This being a suit on open account, and the amount of the verdict found for the plaintiff having been reduced by him by writing off a sum specified by the court as a condition precedent to the overruling of the defendant’s motion for a new trial, and it not being made to appear to this court that from the application of the law to the evidence the excess could be definitely and accurately ascertained, the order denying a new7 trial upon this condition wras error. Central &c. Ry. Co. v. Perkerson, 112 Ga. 923 (38 S. E. 365, 53 L. R. A. 210); Lee v. Bagwell, 14 Ga. App. 699 (82 S. E. 49).

¶2 Judgment reversed.

Jenkins, P. J:, and Bell, J., concur.