40 Ga. 175
Decided December 15, 1869
Supreme Court of Georgia · decided 1869-12-15
Constitutional law. Relief Act. Decided by Judge Harrell. Randolph Superior Court. May Term, 1869. Janes moved to submit to a jury a judgment which Gunn held against him, and to have the same reduced as allowed by the second section of the Relief Law of 1868. Gunn’s counsel demurred to this motion, upon the ground that said section was contrary to the Constitutions of this State and of the United States. The demurrer was overruled.
Decided 1869-12-15
¶1concurring.
¶2I concur in the judgment of reversal, on the ground that the jury were not authorized to reduce the amount of the judgment, on account of the loss of the property by the defendant, as it was not shown by him that the loss was caused by the wrongful act of the plaintiff, which was necessary t.o raise such equity between the parties as the Court and jury had q right to administer.