Gainesville & N. W. R. Co v. Galloway

Decision Date25 February 1916
Docket Number(No. 6528.)
Citation87 S.E. 1093,17 Ga.App. 702
CourtGeorgia Court of Appeals
PartiesGAINESVILLE & N. W. R. CO. v. GALLOWAY.

Adhered to on Rehearing March 4, 1916.

(Syllabus by the Court.)

Error from City Court of Hall County; A. C. Wheeler, Judge.

Action by H. F. Galloway against the Gainesville & Northwestern Railroad Company. Judgment for plaintiff, and defendant brings error. Reversed.

H. H. Dean, of Gainesville, for plaintiff in error.

H. H. Perry, W. A. Charters, and Hammond Johnson, all of Gainesville, for defendant in error.

RUSSELL, C. J. Judgment reversed.

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10 cases
  • Harvey v. De Weill, 38385
    • United States
    • Georgia Court of Appeals
    • September 20, 1960
    ...pleadings, the pleadings might have been amended so as to authorize the introduction of the testimony.' Gainesville & Northwestern Ry. Co. v. Galloway, 17 Ga.App. 702, 87 S.E. 1093. See also Taylor v. Taylor, 195 Ga. 711(11), 721, 25 S.E.2d 506; Ga. Railroad v. Lawrence, 74 Ga. 534; Central......
  • Freeman v. Bank of La Fayette
    • United States
    • Georgia Court of Appeals
    • June 18, 1917
    ... ... from, but the plaintiff specifically assented thereto; and ... therefore it certainly bound the plaintiff. Gainesville & N.W. R. Co. v. Galloway, 17 Ga.App. 702, 87 S.E. 1093 ... (3). Is it, as to the part in question, void and subject to ... collateral attack by ... ...
  • Freeman v. Bank Of La Fayette
    • United States
    • Georgia Court of Appeals
    • June 18, 1917
    ...from, but the plaintiff specifically assented thereto; and therefore it certainly bound the plaintiff. Gainesville & N. W. R. Co. v. Galloway, 17 Ga. App. 702, 87 S. E. 1093 (3). Is it, as to the part in question, void and subject to collateral attack by third persons who may have an intere......
  • King v. Luck Illustrating Co
    • United States
    • Georgia Court of Appeals
    • January 29, 1918
    ...motion was overruled, and he excepted. 1. In the decision in the case of Gainesville & Northwestern Railroad Co. v. Gallo-way, 17 Ga. App. 702, 87 S. E. 1093, it is said: " 'From an early date the Supreme Court has uniformly held that the law of the case must be _ given the jury to the exte......
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