Cone v. Bodiford

Court of Appeals of Georgia

Cone v. Bodiford

121 S.E. 523, 31 Ga. App. 573, 1924 Ga. App. LEXIS 64

CourtCourt of Appeals of Georgia

DecidedFebruary 8, 1924

Docket14491

StatusPublished

Cited by2 cases

This text of 121 S.E. 523 (Cone v. Bodiford) 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

Cone v. Bodiford, 121 S.E. 523, 31 Ga. App. 573, 1924 Ga. App. LEXIS 64 (Ga. Ct. App. 1924).

Pincite

Opinion

Stephens, J.

Where, in a proceeding to recover the possession of personalty by a possessory warrant, a judgment thereon was rendered by the magistrate in favor of the plaintiff, and in a petition for certiorari, complaining of such judgment as being contrary to the evidence and without evidence to support it, the defendant excepted to the admission of certain evidence tending to prove title to the property in the • plaintiff, which evidence was relevant as tending to establish a right of possession in the plaintiff and was properly admitted, and it did not appear from the record that the judge of the superior court, in sustaining the certiorari and in rendering a final judgment thereon in favor of the defendant (the plaintiff in certiorari), ruled favorably to the defendant upon this ground, the discretion of the judge of the superior court in rendering a final judgment was not abused, since the evidence adduced upon the hearing was conflicting- and that introduced in behalf of the plaintiff (the defendant in error) did not preponderate in his favor. Civil Code (1910), § 5379; Bush v. Rawlins, 80 Ga. 583 (2) (5 S. E. 761), followed in Sheriff v. Thompson, 116 Ga. 436 (2) (42 S. E. 738); Susong v. McKenna, 121 Ga. 97 (48 S. E. 695).

Judgment affirmed.

JenMns, P. J., and Bell, J., concur.

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

Stephens, J.

Where, in a proceeding to recover the possession of personalty by a possessory warrant, a judgment thereon was rendered by the magistrate in favor of the plaintiff, and in a petition for certiorari, complaining of such judgment as being contrary to the evidence and without evidence to support it, the defendant excepted to the admission of certain evidence tending to prove title to the property in the • plaintiff, which evidence was relevant as tending to establish a right of possession in the plaintiff and was properly admitted, and it did not appear from the record that the judge of the superior court, in sustaining the certiorari and in rendering a final judgment thereon in favor of the defendant (the plaintiff in certiorari), ruled favorably to the defendant upon this ground, the discretion of the judge of the superior court in rendering a final judgment was not abused, since the evidence adduced upon the hearing was conflicting- and that introduced in behalf of the plaintiff (the defendant in error) did not preponderate in his favor. Civil Code (1910), § 5379; Bush v. Rawlins, 80 Ga. 583 (2) (5 S. E. 761), followed in Sheriff v. Thompson, 116 Ga. 436 (2) (42 S. E. 738); Susong v. McKenna, 121 Ga. 97 (48 S. E. 695).

Judgment affirmed.

JenMns, P. J., and Bell, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

121 S.E. 523, 31 Ga. App. 573, 1924 Ga. App. LEXIS 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cone-v-bodiford-gactapp-1924.

Opinion

Related

Cite This Page — Counsel Stack