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1 Georgia Decisions 142

Gilmer v. Cameron

Coweta County Superior Court, Ga. · decided 1842-07-01

Bill for Discovery, Relief and Account — Verdict for Defendant, and motion for new trial. 1st. That a Jury had spirits in their room of which they did not drink, is no ground for a new trial. 2nd. The Court will not grant a new trial on the ground that the verdict is against evidence, when there is evidence on both sides, and on which the Jury might fairly predicate their verdict. 3rd. A receipt in full is not conclusive against the party who gives it, but may be explained.

Decided 1842-07-01

¶1The Court, in this case, as in all others, endeavored to charge the Jury as to the Law applicable to the case, and it was the peculiar province of the Jury to find the facts and make an application of the Law to the facts, and as the Court did not charge the Jury what their finding should be, I can not say that the finding was contrary to the charge of the Court.

¶2It is therefore ordered, that the motion for a new trial be refused, and the verdict affirmed,

WILLIAM' EZZARD, j, s. c. c. c,
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