Downs v. Berryman

Court of Appeals of Georgia

Downs v. Berryman

100 S.E. 226, 24 Ga. App. 170, 1919 Ga. App. LEXIS 474

CourtCourt of Appeals of Georgia

DecidedSeptember 18, 1919

Docket10103

StatusPublished

Cited by3 cases

This text of 100 S.E. 226 (Downs v. Berryman) 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

Downs v. Berryman, 100 S.E. 226, 24 Ga. App. 170, 1919 Ga. App. LEXIS 474 (Ga. Ct. App. 1919).

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Opinion

Stephens, J.

1. In an action of trover where the plaintiff elects to take a money verdict, a nonsuit is properly awarded where there is no proof of the value of the property. Moats v. Farks, 17 Ga. App. 778 (18 S. E. 685), and eases there cited. The defendant in such action, by the giving of a replevy bond, which is required by law to be in “double the amount sworn to” by the plaintiff as the value of the property in the latter’s application for bail, does not admit the value of the property, and such bond is not prima facie evidence of such value.

2. The agreed price of property as stated in a contract of sale is not evidence of the value of the property in a trover suit against one who was not a party to the contract of sale.

Judgment affirmed..

Broyles, P. J., and Bloodworth, J., concur.

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Stephens, J.

1. In an action of trover where the plaintiff elects to take a money verdict, a nonsuit is properly awarded where there is no proof of the value of the property. Moats v. Farks, 17 Ga. App. 778 (18 S. E. 685), and eases there cited. The defendant in such action, by the giving of a replevy bond, which is required by law to be in “double the amount sworn to” by the plaintiff as the value of the property in the latter’s application for bail, does not admit the value of the property, and such bond is not prima facie evidence of such value.

2. The agreed price of property as stated in a contract of sale is not evidence of the value of the property in a trover suit against one who was not a party to the contract of sale.

Judgment affirmed..

Broyles, P. J., and Bloodworth, J., concur.

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100 S.E. 226, 24 Ga. App. 170, 1919 Ga. App. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/downs-v-berryman-gactapp-1919.

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