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151 Ga. 179

Kelley v. Cartledge

Supreme Court of Georgia

Decided February 19, 1921

Supreme Court of Georgia · decided 1921-02-19

<p>Equitable petition. Before Judge Wright. Eloyd superior court. May 12, 1920.</p>

Relies on Stone v. Hebard Lumber Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1921-02-19

How this case has been cited

Cited by 9 later decisions — most recently October 1952

9 state decisions

601921193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Fish, C. J.

¶1The hill of exceptions recites: “After hearing the evi-

¶2dence the court directed the following verdict: ‘We, the jury,'find in favor of the injunction prayed in the within petition, and against the prayers of the answer and cross-hill;’” and that thereupon it was adjudged that the plaintiff recover for the use of the officers of court the costs in the case. There is a further recital that the defendant at a stated time filed a motion for new trial, that on a given date the motion was overruled, and that defendant “ then and there excepted, and now excepts and assigns the same as error,” because ■ such judgment overruling the motion for new trial was error, “ because same was: (1) Contrary to law. (2) Contrary to the evidence and without evidence to support it. (3) Contrary to the law and evidence and against the principles of justice and equity.” The motion for new trial is on the usual general grounds that the verdict “is contrary to law, contrary to the evidence, and contrary to the law and evidence and against the principles of justice and equity.” Held:

*180No. 2074.February 19, 1921.Equitable petition. Before Judge Wright. Eloyd superior court. May 12, 1920.Harris & Harris, for plaintiff in error.Samuel A. Massell, Morris Machs, and Maddox & Doyal, contra.

¶31. There being no assignment of error upon the direction of the verdict, this court has no authority to decide whether the trial court erred in so directing. Stone v. Hebard Lumber Co., 145 Ga. 729 (89 S. E. 814).

¶42. There was evidence sufficient to authorize the v.erdiet, and the court did not err in refusing a new trial.

¶5Judgment affirmed.

All the Justices concur.
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