Dearing v. Bailey Electric Co.

Court of Appeals of Georgia

Dearing v. Bailey Electric Co.

88 S.E. 907, 18 Ga. App. 124, 1916 Ga. App. LEXIS 158

CourtCourt of Appeals of Georgia

DecidedMay 19, 1916

Docket6698

StatusPublished

Cited by1 cases

This text of 88 S.E. 907 (Dearing v. Bailey Electric 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.

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Dearing v. Bailey Electric Co., 88 S.E. 907, 18 Ga. App. 124, 1916 Ga. App. LEXIS 158 (Ga. Ct. App. 1916).

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Opinion

Wade, J.

This case is controlled by the decision in Cheshire v. Western Union Telegraph Co., 16 Ga. App. 790 (86 S. E. 405), where it was held that “The authority of the appellate division of the municipal court of Atlanta on a motion for-a new trial is limited to ‘sustaining or overruling said motion.’ Acts 1913, p. 169, sec. 42 (f). The appellate division is without authority to render a final judgment in a cause when, upon the hearing of a motion for new trial, the verdict and the judgment of the trial judge entered thereon are set aside.”

Judgment reversed.

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Wade, J.

This case is controlled by the decision in Cheshire v. Western Union Telegraph Co., 16 Ga. App. 790 (86 S. E. 405), where it was held that “The authority of the appellate division of the municipal court of Atlanta on a motion for-a new trial is limited to ‘sustaining or overruling said motion.’ Acts 1913, p. 169, sec. 42 (f). The appellate division is without authority to render a final judgment in a cause when, upon the hearing of a motion for new trial, the verdict and the judgment of the trial judge entered thereon are set aside.”

Judgment reversed.

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Bluebook (online)

88 S.E. 907, 18 Ga. App. 124, 1916 Ga. App. LEXIS 158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dearing-v-bailey-electric-co-gactapp-1916.

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