Alexander Lumber Co. v. Withers Foundry & Machine Works

Court of Appeals of Georgia

Alexander Lumber Co. v. Withers Foundry & Machine Works

70 S.E. 1125, 9 Ga. App. 266, 1911 Ga. App. LEXIS 506

Court of Appeals of Georgia·Decided April 24, 1911·No. 3016·Published·Cited by 1 cases

Opinion

Powell, J.

1. The evidence was sufficient to make a prima facie case in favor of the plaintiff as to the correctness of its account (cf. Swift v. Oglesby, 8 Ga. App. 540, 70 S. E. 97), and it was issuable as to whether the defendant had made out the defense asserted in his plea. The verdict can not be set aside, either for lack of evidence to support it or because it is contrary to the evidence.

2. The exceptions to the charge of the court are not, when considered in the light of the entire charge, meritorious. Judgment affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Powell, J.

1. The evidence was sufficient to make a prima facie case in favor of the plaintiff as to the correctness of its account (cf. Swift v. Oglesby, 8 Ga. App. 540, 70 S. E. 97), and it was issuable as to whether the defendant had made out the defense asserted in his plea. The verdict can not be set aside, either for lack of evidence to support it or because it is contrary to the evidence.

2. The exceptions to the charge of the court are not, when considered in the light of the entire charge, meritorious. Judgment affirmed.

Alexander Lumber Co. v. Withers Foundry & Machine Works, 70 S.E. 1125, 9 Ga. App. 266, 1911 Ga. App. LEXIS 506 (Ga. Ct. App. 1911).

Pincite

70 S.E. 1125 (Alexander Lumber Co. v. Withers Foundry & Machine Works) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related