Claxton v. James

Court of Appeals of Georgia

Claxton v. James

70 S.E. 1124, 9 Ga. App. 259, 1911 Ga. App. LEXIS 501

CourtCourt of Appeals of Georgia

DecidedApril 24, 1911

Docket2983

StatusPublished

This text of 70 S.E. 1124 (Claxton v. James) 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

Claxton v. James, 70 S.E. 1124, 9 Ga. App. 259, 1911 Ga. App. LEXIS 501 (Ga. Ct. App. 1911).

Pincite

Opinion

Poweix, J.

If the mule levied upon in this case was the mule included in the plaintiff’s mortgage, the judgment should have been in favor, of the plaintiff; on the other hand, if it was not the same mule, the judgment for the claimant should stand. The case, therefore, turns solely upon a question of identity, which is essentially a question of fact; and, there being evidence pro and con, this- court has no jurisdiction to overrule the finding of the trial court on this issue, although the evidence does seem strongly to preponderate against the finding.

Judgment affirmed.

William Faircloih,' Charles S. Claxion, for plaintiff. F. L. Stephens, contra.

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Poweix, J.

If the mule levied upon in this case was the mule included in the plaintiff’s mortgage, the judgment should have been in favor, of the plaintiff; on the other hand, if it was not the same mule, the judgment for the claimant should stand. The case, therefore, turns solely upon a question of identity, which is essentially a question of fact; and, there being evidence pro and con, this- court has no jurisdiction to overrule the finding of the trial court on this issue, although the evidence does seem strongly to preponderate against the finding.

Judgment affirmed.

William Faircloih,' Charles S. Claxion, for plaintiff. F. L. Stephens, contra.

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Bluebook (online)

70 S.E. 1124, 9 Ga. App. 259, 1911 Ga. App. LEXIS 501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claxton-v-james-gactapp-1911.