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20 Ga. 411

Moore v. Wise

Supreme Court of Georgia

Decided June 15, 1856

Supreme Court of Georgia · decided 1856-06-15

Case, in Bibb Superior Court. Decided by Judge Powers, May Term, 1856. This was an action brought by plaintiff in error against defendant in error, to recover damages for breach of a contract to repair the roof of a warehouse belonging to plaintiff’s intestate in the city of Macon.

Decided 1856-06-15

¶1By the Court.

Benning, J.

¶2delivering the opinion.

¶3[1.] The motion for the new trial was put on these grounds:

¶4That the verdict was contrary to law.

¶5That it was contrary to the evidence and to the justice of the case.

¶6There is nothing in the case to make the verdict contrary to law or the justice of the case, unless it be true that the verdict was contrary to the evidence. The only question, therefore, is, was the verdict contrary to the evidence ?

¶7•"""In order to authorize this Court to grant a new trial, on the ground that the verdict is contrary to the evidence, it is necessary that the verdict should be one which is “ decidedly and strongly against the weight” of the evidence — one in favor of which there is only “ some slight evidence.” (Acts 1853-4, 47.)

¶8This, we think, is not such a verdict. There is a good *415deal of evidence in favor of this verdict — perhaps as much as. there is against it.

¶9"We must, therefore, affirm the judgment.

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