Garmon v. Stern

Court of Appeals of Georgia

Garmon v. Stern

131 S.E.2d 599, 107 Ga. App. 793, 1963 Ga. App. LEXIS 987

CourtCourt of Appeals of Georgia

DecidedMay 16, 1963

Docket40103

StatusPublished

Cited by2 cases

This text of 131 S.E.2d 599 (Garmon v. Stern) 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

Garmon v. Stern, 131 S.E.2d 599, 107 Ga. App. 793, 1963 Ga. App. LEXIS 987 (Ga. Ct. App. 1963).

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Opinion

Nichols, Presiding Judge.

“ 'In passing on the general grounds of a motion for new trial, this court passes not on the weight but on the sufficiency of the evidence. It is our duty to determine whether the verdict as rendered can be sustained under any reasonable view taken of the proofs submitted to the jury.’ Ingram v. State, 204 Ga. 164, 184 (48 SE2d 891); Farlow v. Brown, 208 Ga. 646, 648 (68 SE2d 903). See also Bibb Cigar &c. Co. v. McSwain, 95 Ga. App. 659, 661 (98 SE2d 128).” Poppell v. Smutney, 106 Ga. App. 480 (127 SE2d 335). The plaintiff presented evidence in support of his contentions and the defendant presented evidence in support of his contentions. The jury trying the case found in favor of the plaintiff’s contentions and it cannot be said that the trial court erred in overruling defendant’s motion for new trial on the general grounds only.

Judgment affirmed.

Frankum and Jordan, JJ., concur.

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Nichols, Presiding Judge.

“ 'In passing on the general grounds of a motion for new trial, this court passes not on the weight but on the sufficiency of the evidence. It is our duty to determine whether the verdict as rendered can be sustained under any reasonable view taken of the proofs submitted to the jury.’ Ingram v. State, 204 Ga. 164, 184 (48 SE2d 891); Farlow v. Brown, 208 Ga. 646, 648 (68 SE2d 903). See also Bibb Cigar &c. Co. v. McSwain, 95 Ga. App. 659, 661 (98 SE2d 128).” Poppell v. Smutney, 106 Ga. App. 480 (127 SE2d 335). The plaintiff presented evidence in support of his contentions and the defendant presented evidence in support of his contentions. The jury trying the case found in favor of the plaintiff’s contentions and it cannot be said that the trial court erred in overruling defendant’s motion for new trial on the general grounds only.

Judgment affirmed.

Frankum and Jordan, JJ., concur.

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Bluebook (online)

131 S.E.2d 599, 107 Ga. App. 793, 1963 Ga. App. LEXIS 987, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garmon-v-stern-gactapp-1963.

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