Fackler v. Lifsey

Court of Appeals of Georgia

Fackler v. Lifsey

112 S.E. 167, 28 Ga. App. 544, 1922 Ga. App. LEXIS 671

CourtCourt of Appeals of Georgia

DecidedMay 9, 1922

Docket13359

StatusPublished

This text of 112 S.E. 167 (Fackler v. Lifsey) 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

Fackler v. Lifsey, 112 S.E. 167, 28 Ga. App. 544, 1922 Ga. App. LEXIS 671 (Ga. Ct. App. 1922).

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Opinion

Broyles, C. J.

The only assignment of error argued in the brief of counsel for the plaintiff in error is upon the overruling of the ground of the motion for a new trial based upon alleged newly discovered evidence. This evidence was that of a witness whose testimony was contradicted by the testimony of another, which was embodied in an affidavit submitted in a counter-showing to the ■motion. Upon these disputed facts the judge was the trior, and his decision thereon was final. ’ It follows that this court cannot control the judgment overruling the motion for a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

The only assignment of error argued in the brief of counsel for the plaintiff in error is upon the overruling of the ground of the motion for a new trial based upon alleged newly discovered evidence. This evidence was that of a witness whose testimony was contradicted by the testimony of another, which was embodied in an affidavit submitted in a counter-showing to the ■motion. Upon these disputed facts the judge was the trior, and his decision thereon was final. ’ It follows that this court cannot control the judgment overruling the motion for a new trial.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

112 S.E. 167, 28 Ga. App. 544, 1922 Ga. App. LEXIS 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fackler-v-lifsey-gactapp-1922.