Cloud v. Hawkes Co.

Court of Appeals of Georgia

Cloud v. Hawkes Co.

90 S.E. 652, 18 Ga. App. 772, 1916 Ga. App. LEXIS 1258

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1916

Docket7587

StatusPublished

Cited by3 cases

This text of 90 S.E. 652 (Cloud v. Hawkes Co.) 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

Cloud v. Hawkes Co., 90 S.E. 652, 18 Ga. App. 772, 1916 Ga. App. LEXIS 1258 (Ga. Ct. App. 1916).

Pincite

Opinion

Hodges, J.

In this ease the trial judge directed a verdict. A motion for new trial was filed and the court granted it, and to this judgment exceptions are taken. The rule that the judgment [773]*773of a trial judge granting a first new trial will not be disturbed by this court, unless the judge abused his discretion in granting it, and the law and facts demanded • the verdict (Civil Code, § 6204:), applies as well where the motion for a new trial is .based on a directed verdict as where the motion is based upon the finding of a jury upon issues submitted to them in instructions of the court. If the judge is entitled to correct a finding of the jury by granting a first new trial, it follows that it is within his discretion to do so where the finding was directed by him.

Judgment affirmed.

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Hodges, J.

In this ease the trial judge directed a verdict. A motion for new trial was filed and the court granted it, and to this judgment exceptions are taken. The rule that the judgment [773]*773of a trial judge granting a first new trial will not be disturbed by this court, unless the judge abused his discretion in granting it, and the law and facts demanded • the verdict (Civil Code, § 6204:), applies as well where the motion for a new trial is .based on a directed verdict as where the motion is based upon the finding of a jury upon issues submitted to them in instructions of the court. If the judge is entitled to correct a finding of the jury by granting a first new trial, it follows that it is within his discretion to do so where the finding was directed by him.

Judgment affirmed.

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Bluebook (online)

90 S.E. 652, 18 Ga. App. 772, 1916 Ga. App. LEXIS 1258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cloud-v-hawkes-co-gactapp-1916.

Opinion

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