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George, J. Where no error of law is complained of which must finally govern the ease, no final judgment can be rendered on a petition for certiorari, except in a case in which the evidence is undisputed and where there can be but one legal verdict or judgment, under the evidence. Civil Code (1910), § 5201. The judge of the superior court did not err in remanding this case for a.new trial, and in refusing to render a final judgment, the evidence being in dispute.
Judgment affirmed.
Wade, O. J., and Inihe, J., concur.
Document Info
Docket Number: 7517
Citation Numbers: 19 Ga. App. 123, 91 S.E. 228, 1917 Ga. App. LEXIS 12
Judges: George
Filed Date: 1/23/1917
Precedential Status: Precedential
Modified Date: 11/8/2024