51 Ga. App. 362 | Ga. Ct. App. | 1935
Lead Opinion
1. It is an inherent right of all courts where jury trials obtain, including justices of the peace, to declare a mistrial when justice demands it. Chapman v. Conwell, 1 Ga. App. 212, 214 (58 S. E. 137).
2. O. L. White brought suit against the Decatur Chevrolet Company for damage to an automobile, and a verdict in favor of the plaintiff was returned. Upon the trial before the justice of the peace and a jury, and while the plaintiff was testifying as a witness, he was asked this question: “What, if anything, did Mr. Costley [the alleged agent of the defendant company] tell you
3. Under the foregoing rulings the judge of the superior court erred in overruling the certiorari.
Judgment reversed.
Dissenting Opinion
dissenting. I can not agree that a justice of the peace has any inherent right to declare a mistrial, even for im