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WILSON v. MATTHEWS

44531, 44532.

120 Ga. App. 284 (1969)

170 S.E.2d 346

WILSON v. MATTHEWS et al., by Next Friend. WILSON v. MATTHEWS.

Court of Appeals of Georgia.

Decided September 9, 1969.

Attorney(s) appearing for the Case

Robinson, Thompson, Buice & Harben, B. Carl Buice, for appellant.

Mitchell & Mitchell, Warren N. Coppedge, Jr., Ellard & Frankum, Stephen D. Frankum, Neely, Freeman & Hawkins, John V. Skinner, Jr., for appellees.

DEEN, Judge.

Prior to the Civil Practice Act a plaintiff might always exercise his right of voluntary dismissal prior to verdict even though the action had been tried, a motion for directed verdict had been made by his opponent, and the trial court had orally announced his intention of granting it. Cowart v. Atlanta, B. & C. R. Co., 58 Ga.App. 466 (198 SE 795). The cases sub judice show an identical fact situation, but the appellants who moved for directed...

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