Kerwin v. James

Decided July 15, 1871

Supreme Court of Georgia · decided 1871-07-15

<p>Where Kerwin rented the premises of Cummings by the month, commencing on the 7th of May, with the understanding that he would keep them until October, and the agent of Cummings, who made the contract, testified that the renting was only to the 1st of October, but there was also evidence, to-wit: the regular receipt of the rent, monthly, on the 7th of the month, that the renting was until the 7th of October:</p> <p>Held, That whether the renting was to the 1st or the 7th of October: was a question of fact for the jury, and they having found for the plaintiff, and the Court below having refused a new trial, this Court will not, under the facts as they appear in the record, disturb the judgment.</p>

Decided 1871-07-15

McCay, Judge.

¶1This case turns wholly on the evidence. If the renting was only till the 1st of October, the finding is right; if till the 7th, it is wrong. We incline to think that the weight of the evidence is against the verdict, but there is clearly evidence on the other side. Mr. Whippier testifies, positively, that the tenanfccy was, by the bargain, to expire on the 1st of October. Perhaps the jury gave more weight to this statement, than they did to the statements of the other witnesses. This it was their right to do, especially as the others were parties and this witness had no interest. As we have so often said, the jury is the tribunal to determine the facts; and unless their decision be such as to show passion, mistake, prejudice or misconception, if the Judge below refuses to interfere, it must be a peculiar case to justify this Court in doing so.

¶2Judgment affirmed.