Graves v. Carter

Court of Appeals of Georgia

Graves v. Carter

51 S.E.2d 862, 78 Ga. App. 563, 1949 Ga. App. LEXIS 928

CourtCourt of Appeals of Georgia

DecidedFebruary 10, 1949

Docket32178.

StatusPublished

This text of 51 S.E.2d 862 (Graves v. Carter) 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

Graves v. Carter, 51 S.E.2d 862, 78 Ga. App. 563, 1949 Ga. App. LEXIS 928 (Ga. Ct. App. 1949).

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Opinion

Gardner, J.

This proceeding involves a dispossessory-warrant case. At the conclusion of the evidence for the plaintiff in the dispossessory-warrant proceedings a judge of the Civil Court of Fulton County, before whom the case was being tried, granted a nonsuit on motion of the defendant. The plaintiff properly appealed to the Appellate Division of the Civil Court of Fulton County. The Appellate Division granted the plaintiff a new trial. Code § 6-1608 provides: “The first grant of a new trial shall not be disturbed by the appellate court, unless the plaintiff in error shall show that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.” See also Cox v. Grady, 132 Ga. 368 (64 S. E. 262); Wagner v. Graves-Turner Mfg. Co., 47 Ga. App. 283 (170 S. E. 400). The record does not show that the Appellate Division abused its discretion in granting a first, new trial and the law and facts of the case did not require a nonsuit. The judgment granting a new trial is affirmed.

Judgment affirmed.

MacIntyre, P. J., and Toxonsend, J., concur.

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Gardner, J.

This proceeding involves a dispossessory-warrant case. At the conclusion of the evidence for the plaintiff in the dispossessory-warrant proceedings a judge of the Civil Court of Fulton County, before whom the case was being tried, granted a nonsuit on motion of the defendant. The plaintiff properly appealed to the Appellate Division of the Civil Court of Fulton County. The Appellate Division granted the plaintiff a new trial. Code § 6-1608 provides: “The first grant of a new trial shall not be disturbed by the appellate court, unless the plaintiff in error shall show that the judge abused his discretion in granting it, and that the law and facts require the verdict notwithstanding the judgment of the presiding judge.” See also Cox v. Grady, 132 Ga. 368 (64 S. E. 262); Wagner v. Graves-Turner Mfg. Co., 47 Ga. App. 283 (170 S. E. 400). The record does not show that the Appellate Division abused its discretion in granting a first, new trial and the law and facts of the case did not require a nonsuit. The judgment granting a new trial is affirmed.

Judgment affirmed.

MacIntyre, P. J., and Toxonsend, J., concur.

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Bluebook (online)

51 S.E.2d 862, 78 Ga. App. 563, 1949 Ga. App. LEXIS 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/graves-v-carter-gactapp-1949.

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