Public-domain · open source
OpenJurist

136 Ga. 842

Fussell v. Stubbs

Supreme Court of Georgia

Decided September 25, 1911

Supreme Court of Georgia · decided 1911-09-25

<p>Complaint for land. Before Judge Whipple. Wilcox superior .court. ' April 8, 1910.</p>

Relies on Osteen v. Wynn

Decided 1911-09-25

Holden, J.

¶11. Under the rulings announced in Osteen v. Wynn, 131 Ga. 209 (62 S. E. 37, 127 Am. St. R. 212), the evidence demanded a verdict for the plaintiffs for’the premises in dispute.

¶2(а) There was no evidence authorizing the direction of a verdict for $40 as mesne profits.

¶3(б) The judgment of the court below is affirmed, provided the defendant in error, within twenty days from the filing of the remittitur from this court in the office of the clerk of the court below, will write off from the verdict and judgment the recovery for mesne profits; if this is not done, the judgment is reversed and a new trial is granted.

¶4Judgment affirmed, on condition.

Beck, J., absent. The other Justices concwr.
/136/ga/842 · .json · Public domain