Sanders v. Beyer

Court of Appeals of Georgia

Decided June 6, 1956

Court of Appeals of Georgia · decided 1956-06-06

Cited by 4 later decisions — most recently June 1966

4 state decisions

Key passage — most relied on by later courts

“A judgment based on the jury's verdict cannot be set aside by a motion to set aside as long as the verdict upon which the judgment is based stands and has not been set aside by proper procedure ( Buchanan v. Nash, 211 Ga. 343 ( 86 SE2d 111 )); therefore, the court erred in setting aside the judgment since it was based on a jury's verdict which had not been set aside. The motion to set aside did not amount to a motion for a new trial. The court erred in denying the motion to dismiss the motion to set aside and in setting aside the judgment.”

quoted by 1 later decision, including 114 Ga. App. 180 - Adams v. Morgan

Relies on Buchanan v. Nash

Good law ✅— No negative treatment on recordhow we know

Decided 1956-06-06

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Felton, C. J.

¶1 A judgment based on the jury’s verdict cannot be set aside by a motion to set aside as long as the verdict upon which the judgment is based stands and has not been set aside by proper procedure (Buchanan v. Nash, 211 Ga. 343, 86 S. E. 2d 111); therefore the court erred in setting aside the judgment since it was based on a jury’s verdict which had not been set aside. The motion to set aside did not amount to a motion for a new trial.

¶2 The court erred in denying the motion to dismiss the motion to set aside and in setting aside the judgment.

¶3 Judgment reversed.

Quillian and Nichols, JJ., concur.