Black v. Duncan

Court of Appeals of Georgia

Black v. Duncan

53 S.E.2d 726, 79 Ga. App. 342, 1949 Ga. App. LEXIS 650

CourtCourt of Appeals of Georgia

DecidedMay 31, 1949

Docket32320.

StatusPublished

Cited by2 cases

This text of 53 S.E.2d 726 (Black v. Duncan) 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

Black v. Duncan, 53 S.E.2d 726, 79 Ga. App. 342, 1949 Ga. App. LEXIS 650 (Ga. Ct. App. 1949).

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Opinion

MacIntyre, P. J.

“This court has repeatedly ruled that in the absence of' legal error, it has no jurisdiction to interfere with a verdict supported by some evidence, although the verdict was against the preponderance of the evidence. The decisions cited to the contrary . . were rendered prior to the constitutional amendment restricting the jurisdiction of that court and this court to the decision of errors of law and equity, and are not now in point.” Wilson v. Barnard, 10 Ga. App. 98 (8) (72 S. E. 943). There was sufficient evidence to authorize the verdict and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Gardner and Townsend, JJ., concur.

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MacIntyre, P. J.

“This court has repeatedly ruled that in the absence of' legal error, it has no jurisdiction to interfere with a verdict supported by some evidence, although the verdict was against the preponderance of the evidence. The decisions cited to the contrary . . were rendered prior to the constitutional amendment restricting the jurisdiction of that court and this court to the decision of errors of law and equity, and are not now in point.” Wilson v. Barnard, 10 Ga. App. 98 (8) (72 S. E. 943). There was sufficient evidence to authorize the verdict and the court did not err in overruling the motion for a new trial.

Judgment affirmed.

Gardner and Townsend, JJ., concur.

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Bluebook (online)

53 S.E.2d 726, 79 Ga. App. 342, 1949 Ga. App. LEXIS 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/black-v-duncan-gactapp-1949.

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