Davis v. Mitchell

Court of Appeals of Georgia

Davis v. Mitchell

121 S.E. 144, 31 Ga. App. 474, 1923 Ga. App. LEXIS 990

CourtCourt of Appeals of Georgia

DecidedDecember 10, 1923

Docket14864

StatusPublished

This text of 121 S.E. 144 (Davis v. Mitchell) 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

Davis v. Mitchell, 121 S.E. 144, 31 Ga. App. 474, 1923 Ga. App. LEXIS 990 (Ga. Ct. App. 1923).

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Opinion

Bell, J.

The evidence in this case was not such as to demand the verdict rendered, and the exceptions to the judgment granting to the losing party a new trial, it being the first grant, are controlled by the rule as [475]*475laid down in the Civil Code, § 6204, that “the first grant of a new trial will not be disturbed [upon review] unless the plaintiff in error shows that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.”

Decided December 10, 1923. Bolert B. Forrester, for plaintiffs in error. F. L. Forrester, contra.

Judgment affirmed.

Jenldns, P. J., and Stephens, J., eoneur.

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Bell, J.

The evidence in this case was not such as to demand the verdict rendered, and the exceptions to the judgment granting to the losing party a new trial, it being the first grant, are controlled by the rule as [475]*475laid down in the Civil Code, § 6204, that “the first grant of a new trial will not be disturbed [upon review] unless the plaintiff in error shows that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.”

Decided December 10, 1923. Bolert B. Forrester, for plaintiffs in error. F. L. Forrester, contra.

Judgment affirmed.

Jenldns, P. J., and Stephens, J., eoneur.

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Bluebook (online)

121 S.E. 144, 31 Ga. App. 474, 1923 Ga. App. LEXIS 990, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-mitchell-gactapp-1923.