Brown v. Sutton

Supreme Court of Georgia

Brown v. Sutton

83 S.E. 790, 142 Ga. 781, 1914 Ga. LEXIS 538

CourtSupreme Court of Georgia

DecidedDecember 15, 1914

StatusPublished

Cited by2 cases

This text of 83 S.E. 790 (Brown v. Sutton) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brown v. Sutton, 83 S.E. 790, 142 Ga. 781, 1914 Ga. LEXIS 538 (Ga. 1914).

Pincite

Opinion

Atkinson, J.

1. In the ease of Brown, executrix, v. Sutton, no reason appears why the court held the property subject to the principal and interest of the executions held by the plaintiff in fi. fa., but not subject to the attorney’s fees contained in the same judgments; but this will not require the grant of a new trial. Under the power lodged in this court (Civil Code (1910), §§ 6103 '(par. 2), 6216), direction is given that the verdict and judgment for the plaintiff be so amended as also to include liability of the property involved for the attorney’s fees, as well as for the principal, interest, and costs due on the executions.

2. In the ease of Sutton v. Broion, executrix, the evidence was sufficient to demand the verdict finding the property subject, and there was no error in overruling the motion for new trial.

Judgment reversed, with direction, in the first case, and affirmed m the second.

All the Justices concur, except Fish, G. J., absent.

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

Atkinson, J.

1. In the ease of Brown, executrix, v. Sutton, no reason appears why the court held the property subject to the principal and interest of the executions held by the plaintiff in fi. fa., but not subject to the attorney’s fees contained in the same judgments; but this will not require the grant of a new trial. Under the power lodged in this court (Civil Code (1910), §§ 6103 '(par. 2), 6216), direction is given that the verdict and judgment for the plaintiff be so amended as also to include liability of the property involved for the attorney’s fees, as well as for the principal, interest, and costs due on the executions.

2. In the ease of Sutton v. Broion, executrix, the evidence was sufficient to demand the verdict finding the property subject, and there was no error in overruling the motion for new trial.

Judgment reversed, with direction, in the first case, and affirmed m the second.

All the Justices concur, except Fish, G. J., absent.

Cite This Page — Counsel Stack

Bluebook (online)

83 S.E. 790, 142 Ga. 781, 1914 Ga. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-sutton-ga-1914.

Opinion

Related

Cite This Page — Counsel Stack