LEVENTHAL v. BAUMGARTNER

17996.

209 Ga. 404 (1952)

73 S.E.2d 194

LEVENTHAL v. BAUMGARTNER et al.

Supreme Court of Georgia.

Decided November 12, 1952.


Attorney(s) appearing for the Case

Reese, Bennet & Gilbert, for plaintiff in error.

Gowan, Conyers, Fendig & Dickey, contra.


ATKINSON, Presiding Justice.

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, § 70-401; Anderson v. Clark, 70 Ga. 362 (2). And notwithstanding the plaintiff in error, in the first trial, made a written...

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