Crawford v. Noles

Court of Appeals of Georgia

Crawford v. Noles

83 S.E.2d 39, 90 Ga. App. 315, 1954 Ga. App. LEXIS 696

CourtCourt of Appeals of Georgia

DecidedJune 29, 1954

Docket35146

StatusPublished

Cited by2 cases

This text of 83 S.E.2d 39 (Crawford v. Noles) 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

Crawford v. Noles, 83 S.E.2d 39, 90 Ga. App. 315, 1954 Ga. App. LEXIS 696 (Ga. Ct. App. 1954).

Pincite

Opinion

Felton, C. J.

1. On the trial of issues raised by a counter-affidavit to the foreclosure of a cropper’s lien, it was not error for the court to fail to charge without request on an issue not raised by the pleadings but [316]*316raised by. the introduction of evidence unobjected to. American Surety Co. v. Smith, 55 Ga. App. 633 (191 S. E. 137); Kelly v. Locke, 57 Ga. App. 78 (194 S. E. 595); Smokey Mountain Stages v. Wright, 62 Ga. App. 121 (8 S. E. 2d 453).

Decided June 29, 1954. McCall & Griffis, for plaintiff in error. Wright & English, contra.

2. The exception to a part of a charge which states a correct principle of law does not raise the question whether some other legal pertinent charge should have been given. See Code (Ann.) § 70-207, catchword “Omission.”

3. The evidence authorized the verdict for the cropper with the exception that an insufficient amount of interest was found for the landlord. The judgment denying the motion for new trial is affirmed- with the direction that, at the time or before the remittitur from this court is made the judgment of the trial court, the difference between $62.11, the amount of interest stated in the landlord’s account, and the correct amount of interest at 7% per annum on the cash advances and their equivalent for the actual time used by the cropper be written off the judgment, otherwise, the judgment shall stand

Reversed. Quillian and Nichols, JJ., concur.

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

Felton, C. J.

1. On the trial of issues raised by a counter-affidavit to the foreclosure of a cropper’s lien, it was not error for the court to fail to charge without request on an issue not raised by the pleadings but [316]*316raised by. the introduction of evidence unobjected to. American Surety Co. v. Smith, 55 Ga. App. 633 (191 S. E. 137); Kelly v. Locke, 57 Ga. App. 78 (194 S. E. 595); Smokey Mountain Stages v. Wright, 62 Ga. App. 121 (8 S. E. 2d 453).

Decided June 29, 1954. McCall & Griffis, for plaintiff in error. Wright & English, contra.

2. The exception to a part of a charge which states a correct principle of law does not raise the question whether some other legal pertinent charge should have been given. See Code (Ann.) § 70-207, catchword “Omission.”

3. The evidence authorized the verdict for the cropper with the exception that an insufficient amount of interest was found for the landlord. The judgment denying the motion for new trial is affirmed- with the direction that, at the time or before the remittitur from this court is made the judgment of the trial court, the difference between $62.11, the amount of interest stated in the landlord’s account, and the correct amount of interest at 7% per annum on the cash advances and their equivalent for the actual time used by the cropper be written off the judgment, otherwise, the judgment shall stand

Reversed. Quillian and Nichols, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

83 S.E.2d 39, 90 Ga. App. 315, 1954 Ga. App. LEXIS 696, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-noles-gactapp-1954.

Opinion

Related

Cite This Page — Counsel Stack