Croake v. Ware

Court of Appeals of Georgia

Croake v. Ware

106 S.E. 560, 26 Ga. App. 524, 1921 Ga. App. LEXIS 510

CourtCourt of Appeals of Georgia

DecidedMarch 16, 1921

Docket11856

StatusPublished

This text of 106 S.E. 560 (Croake v. Ware) 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

Croake v. Ware, 106 S.E. 560, 26 Ga. App. 524, 1921 Ga. App. LEXIS 510 (Ga. Ct. App. 1921).

Pincite

Opinion

Hill, J.

This being a suit in trover, two things are essential to show a right of recovery,— title in the plaintiff and possession in the defendant. Of these essentials the first was admitted. The evidence as to the second consisted of an implied admission of the defendant; and, while the evidence on this point is exceedingly weak, this court cannot say that there was no evidence whatever to support the verdict, and, in the absence of any special assignment of error of law, the refusal of the trial court to grant a new trial must be affirmed.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Hill, J.

This being a suit in trover, two things are essential to show a right of recovery,— title in the plaintiff and possession in the defendant. Of these essentials the first was admitted. The evidence as to the second consisted of an implied admission of the defendant; and, while the evidence on this point is exceedingly weak, this court cannot say that there was no evidence whatever to support the verdict, and, in the absence of any special assignment of error of law, the refusal of the trial court to grant a new trial must be affirmed.

Judgment affirmed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

106 S.E. 560, 26 Ga. App. 524, 1921 Ga. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/croake-v-ware-gactapp-1921.