Eichholz v. LaRoche

Court of Appeals of Georgia

Eichholz v. LaRoche

100 S.E. 722, 24 Ga. App. 281, 1919 Ga. App. LEXIS 567

CourtCourt of Appeals of Georgia

DecidedOctober 14, 1919

Docket10697

StatusPublished

This text of 100 S.E. 722 (Eichholz v. LaRoche) 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

Eichholz v. LaRoche, 100 S.E. 722, 24 Ga. App. 281, 1919 Ga. App. LEXIS 567 (Ga. Ct. App. 1919).

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Opinion

Ltjke, J.

The judgment, although authorized, was not demanded by the evidence. Therefore the sustaining of the certiorari, upon the assignment of error that the judgment was without evidence to support it, will not be disturbed, for the reason that the judgment sustaining the certiorari for the first time was in the nature of a first grant of a new trial. See Parker v. Bridges, 22 Ga. App. 58 (95 S. E. 321), and cases there cited.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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Ltjke, J.

The judgment, although authorized, was not demanded by the evidence. Therefore the sustaining of the certiorari, upon the assignment of error that the judgment was without evidence to support it, will not be disturbed, for the reason that the judgment sustaining the certiorari for the first time was in the nature of a first grant of a new trial. See Parker v. Bridges, 22 Ga. App. 58 (95 S. E. 321), and cases there cited.

Judgment affirmed.

Broyles, G. J., and Bloodworth, J., concur.

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Bluebook (online)

100 S.E. 722, 24 Ga. App. 281, 1919 Ga. App. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eichholz-v-laroche-gactapp-1919.

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