17 Ga. App. 778

6706.

Goodman v. Brown.

Decided April 17, 1916.

Trover; from city court of Leesburg — Judge Martin. May 12, 1915.

Shipp & Sheppard, for plaintiff in error. Wallis & Fort, contra.

Wade, J.

In order to warrant the setting aside of a verdict and judgment, on the ground that the defendant was, by reason of sickness, prevented from being present at the trial, it is incumbent upon the movant to show that he was injured by such absence, that he had a meritorious defense, and that, had he been present, there would probably have been a different result and one more favorable to him. See McCall v. Miller, 120 Ga. 268 (47 S. E. 920); Phillips v. Taber, 83 Ga. 565, 566 (10 S. E. 270); Ferrill v. Marks, 76 Ga. 21; Peacock v. Usry, 52 Ga. 354. The defendant having failed to comply with this well-settled rule, the trial judge did not abuse his discretion in denying the extraordinary motion for a new trial. Judgment affirmed.

Russell, G. J., absent.

Goodman v. Brown
17 Ga. App. 778

Case Details

Name
Goodman v. Brown
Decision Date
Apr 17, 1916
Citations

17 Ga. App. 778

Jurisdiction
Georgia

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