Ellington v. Coleman

Decided June 15, 1866

Supreme Court of Georgia · decided 1866-06-15

Complaint. In Lincoln Superior Court. Tried before Judge W. M. Reese. November Adjourned Term, 1865. This was an action by the plaintiff in error against the defendant on the following receipt: “ Received of S. Stewart, for J. W. Ellington, one box of tobacco, 101 lbs., a 35 cents per pound ; and 2 do., 202 lbs., a 28 cts. per pound; and 3 boxes, 303 lbs., a 18 cets per pound — to be paid for, or returned when called for if not sold. Deer. 11, 1859.

Cited by 1 later decisions — most recently September 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1866-06-15

View the full empirical analysis of this case →

HA~I~IS, J.

¶1This case was fairly submitted to the jury-the law properly given in charge; and the jury have passed upon the testimony, as was their right~ It is not within our competency to set their verdict aside as being contrary to evidence, in consequence of the shape in which the matter is presented.

¶2There was no motion for a new triaL ilad such a motion been made and overruled, and the decison, accompanied by the testimony, been embodied in the bill of exceptions, we then could have reviewed the finding of the jury, and mined whether it was against evidence or not. ~

¶3Judgment affirmed.