Atkinson v. Sommer

Court of Appeals of Georgia

Atkinson v. Sommer

102 S.E. 454, 25 Ga. App. 47, 1920 Ga. App. LEXIS 589

CourtCourt of Appeals of Georgia

DecidedMarch 11, 1920

Docket10754

StatusPublished

This text of 102 S.E. 454 (Atkinson v. Sommer) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Atkinson v. Sommer, 102 S.E. 454, 25 Ga. App. 47, 1920 Ga. App. LEXIS 589 (Ga. Ct. App. 1920).

Pincite

Opinion

Jenkins, P. J.

1. Considering the alleged newly discovered evidence set out in the only special ground of the motion for a new trial, in connection with the defendant’s own testimony, it is clearly apparent that by the exercise of proper diligence its existence would have been revealed ‘ to the defendant prior to the time of the trial; and it therefore furnishes no sufficient ground to set aside the verdict. Rothschild v. Arenson, 22 Ga. App. 337 (96 S. E. 14).

2. There being sufficient evidence to support the verdict, which has the approval of the trial judge, his judgment overruling the motion for a new trial can not be disturbed.

Judgment affirmed.

Stephens and Smith, JJ., concur.

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