Griffith v. Sellers

Supreme Court of Georgia

Griffith v. Sellers

153 S.E. 359, 170 Ga. 577, 1930 Ga. LEXIS 198

CourtSupreme Court of Georgia

DecidedMay 16, 1930

DocketNo. 7758

StatusPublished

Cited by6 cases

This text of 153 S.E. 359 (Griffith v. Sellers) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Griffith v. Sellers, 153 S.E. 359, 170 Ga. 577, 1930 Ga. LEXIS 198 (Ga. 1930).

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Opinion

Gilbert, J.

“This case is controlled by the well settled rule, that where it does not appear that the verdict was demanded under the law and the evidence, the first grant of a new trial will not be disturbed, though based on a specified ground of the motion, .without regard to the merit of such ground. Smith v. Hightower, 123 Ga. 110 (51 S. E. 28).” Atlantic & Birmingham R. Co. v. Cobb, 125 Ga. 121 (53 S. E. 591). “This court will not closely scrutinize the facts in evidence or endeavor to balance with great exactness the testimony on both sides with a view to detecting an abuse of discretion by the trial judge. The exercise of that discretion in favor of granting new trials should be encouraged.” Georgia Midland & Gulf R. Co. v. Curry, 90 Ga. 250 (15 S. E. 751). Judgment affirmed.

All the Justices concur.

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Gilbert, J.

“This case is controlled by the well settled rule, that where it does not appear that the verdict was demanded under the law and the evidence, the first grant of a new trial will not be disturbed, though based on a specified ground of the motion, .without regard to the merit of such ground. Smith v. Hightower, 123 Ga. 110 (51 S. E. 28).” Atlantic & Birmingham R. Co. v. Cobb, 125 Ga. 121 (53 S. E. 591). “This court will not closely scrutinize the facts in evidence or endeavor to balance with great exactness the testimony on both sides with a view to detecting an abuse of discretion by the trial judge. The exercise of that discretion in favor of granting new trials should be encouraged.” Georgia Midland & Gulf R. Co. v. Curry, 90 Ga. 250 (15 S. E. 751). Judgment affirmed.

All the Justices concur.

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Bluebook (online)

153 S.E. 359, 170 Ga. 577, 1930 Ga. LEXIS 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/griffith-v-sellers-ga-1930.

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