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72 Ga. App. 522

34 S.E.2d 458

Brinsky v. Cunningham

Court of Appeals of Georgia

Decided June 6, 1945

Court of Appeals of Georgia · decided 1945-06-06

Cited by 1 later decisions — most recently January 1965

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1945-06-06

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*523 Gardner, J.

¶1 Cunningham sued Brinsky to recover a sum of money which he alleged was his,property. Brinsky filed a general denial. A verdict was returned in favor of Cunningham. Brinsky’s motion for a new trial on the general and two special grounds was overruled, and he excepted.

¶2 While the evidence is conflicting, it is sufficient to sustain the verdict. This being so, this court is without authority to disturb it on the general grounds.

¶3 Special ground 2 is abandoned. Special ground 1 seeks to impeach the verdict by affidavit of four of the jurors. There is a sustaining affidavit from the juror who signed the verdict as foreman, which shows the unanimity of the jurors in returning the verdict. A juror will be heard to sustain, but never to impeach, his verdict. Code, § 110-109.

¶4 Judgment affirmed.

Broyles, C. J., and MacIntyre, J., concur.
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