110 Ga. 322 | Ga. | 1900
1. At the March term, 1897, a judgment of the lower court granting the defendants in error a second new trial was affirmed on the ground that the evidence in support of the verdict against them then under review “ was at best weak and unsatisfactory, and the decided preponderance of the testimony was on the side of the losing party.” 102 Ga. 587. The court below at the next trial
2. After a judge has properly announced that he will grant a nonsuit, a decision overruling a motion to reopen the case for the introduction of additional testimony will not be reversed, when it does not affirmatively appear that the granting of such motion and the introduction of the new testimony would, in connection with the evidence already in, have placed the plaintiff in a position entitling him to a recovery. Judgment affirmed.