Young v. Ewing

Supreme Court of Georgia

Decided April 13, 1911

Supreme Court of Georgia · decided 1911-04-13

<p>Complaint. Before Judge Whipple. Irwin superior court. June 22, 1910.</p>

Cited by 2 later decisions — most recently December 1947

2 state decisions

Relies on Cox v. Grady · Armour & Co. v. Burkhalter · Purser v. Thompson

Good law ✅— No negative treatment on recordhow we know

Decided 1911-04-13

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Lumpkin* J.

¶11. The evidence did not demand a verdict in favor of the party in whose favor it was found, and the first grant of a new trial will not be reversed. Cox v. Grady, 132 Ga. 368 (64 S. E. 262).

¶22. As the grant of a new trial is affirmed, the cross-bill of exceptions is dismissed, without prejudice to the right of the defendant in error in regard to a future determination of his exceptions pendente lite. Armour & Co. v. Burkhalter, 130 Ga. 370 (60 S. E. 850); Purser v. Thompson, 135 Ga. 732 (70 S. E. 569).

*173April 13, 1911.

Complaint. Before Judge Whipple. Irwin superior court. June 22, 1910.

A. J. McDonald, E. J. Quincey, and Eaygood & Gutts, for plaintiff. L. Kennedy and OÍis E. Elkins, for defendants.

¶3 Judgment on main bill of exceptions affirmed. Gross-bill of exceptions dismissed, icithout prejudice.

All the Jttstices concur.