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HORNE v. PHILLIPS

36001.

93 Ga. App. 223 (1956)

91 S.E.2d 203

HORNE v. PHILLIPS.

Court of Appeals of Georgia.

Decided January 20, 1956.

Attorney(s) appearing for the Case

Harold A. Boggs, for plaintiff in error.

Rupert A. Brown, R. Howard Gordon, contra.

CARLISLE, J.

1. "After nonsuit, a motion to reinstate, accompanied by a brief of the evidence, is one remedy available to the plaintiff who has been nonsuited. City of Atlanta v. Jenkins, 137 Ga. 454 (73 S. E. 402)." Wells v. Aldridge, 75 Ga.App. 702 (44 S.E.2d 183).

2. Whether such a motion will be granted is matter within the legal discretion of the trial court, and where he refuses to reinstate the case his discretion will not...

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