Carter v. Garrett

Supreme Court of Georgia

Carter v. Garrett

41 S.E. 989, 115 Ga. 595, 1902 Ga. LEXIS 495

DecidedJune 6, 1902

StatusPublished

This text of 41 S.E. 989 (Carter v. Garrett) 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

Carter v. Garrett, 41 S.E. 989, 115 Ga. 595, 1902 Ga. LEXIS 495 (Ga. 1902).

Pincite

Opinion

Lumpkin, P. J.

This case was here at the March term, 1901. It then appeared that the only question presented by a certiorari sued out by Garrett was whether or not the verdict therein complained of was warranted by the evidence adduced on the trial of the case in a magistrate’s court, and that the trial judge did not, as he should have done, pass upon this question. The judgment was accordingly reversed, with direction that his honor do so at [596]*596the next hearing. See 113 Ga. 1058. The case again came on for trial at the September term, 1901, of the superior court, and the presiding judge then dealt with it upon its merits and entered a judgment sustaining the certiorari. To this judgment Carter excepted. As the evidence was decidedly conflicting, and certainly did not demand the verdict of which Garrett complained, we hold without hesitation that there was no abuse of discretion in giving this direction to the case.

Judgment affirmed.

All the Justices concurring, except Lewis,, J., absent.

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

Lumpkin, P. J.

This case was here at the March term, 1901. It then appeared that the only question presented by a certiorari sued out by Garrett was whether or not the verdict therein complained of was warranted by the evidence adduced on the trial of the case in a magistrate’s court, and that the trial judge did not, as he should have done, pass upon this question. The judgment was accordingly reversed, with direction that his honor do so at [596]*596the next hearing. See 113 Ga. 1058. The case again came on for trial at the September term, 1901, of the superior court, and the presiding judge then dealt with it upon its merits and entered a judgment sustaining the certiorari. To this judgment Carter excepted. As the evidence was decidedly conflicting, and certainly did not demand the verdict of which Garrett complained, we hold without hesitation that there was no abuse of discretion in giving this direction to the case.

Judgment affirmed.

All the Justices concurring, except Lewis,, J., absent.

Cite This Page — Counsel Stack

Bluebook (online)

41 S.E. 989, 115 Ga. 595, 1902 Ga. LEXIS 495, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-garrett-ga-1902.

Opinion

Related

Cite This Page — Counsel Stack