Compton v. Wells

Decided September 15, 1879

Supreme Court of Georgia · decided 1879-09-15

I Warner, Chief Justice, being engaged in presiding over the senate organized as a court of impeachment, did not sit in this case.] 1. When the recitals of facts in the grounds of the motion for new trial are not certified to be true, either in the bill of exceptions or in the motion, by the presiding judge, those grounds will not be reviewed by this court. % The verdict is supported by enough evidence to sustain it, the same being approved by the presiding judge.

Cited by 1 later decisions — most recently July 1889

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-09-15

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Jackson, Justice.

¶11. The grounds taken in the motion for a new trial are not certified by the judge to be true in fact, neither in *302bill of exceptions nor in the transcript of the record, on the motion or elsewhere. In such case, it has been repeatedly ruled that none can be considered except that which challenges the verdict as against law and unsupported by evidence.

¶22. The defendant relied upon prescriptive title and showed color of title and seven years’ possession, which was-enough to support the verdict both in respect to evidence and law.

¶3Therefore the motion was properly overruled on this-ground, so far as this court under its repeated adjudications may interfere, there being no abuse of the discretion of the presiding judge.

¶4Judgment affirmed.