Hazzard v. Mayor of Savannah

Court of Appeals of Georgia

Hazzard v. Mayor of Savannah

73 S.E. 28, 10 Ga. App. 191, 1911 Ga. App. LEXIS 706

CourtCourt of Appeals of Georgia

DecidedDecember 19, 1911

Docket3331

StatusPublished

This text of 73 S.E. 28 (Hazzard v. Mayor of Savannah) 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

Hazzard v. Mayor of Savannah, 73 S.E. 28, 10 Ga. App. 191, 1911 Ga. App. LEXIS 706 (Ga. Ct. App. 1911).

Pincite

Opinion

Russell, J.

Even if the evidence was insufficient to authorize the verdict rendered by the justice of the peace, the judge of the superior court erred in rendering final judgment in favor of the defendant. In sustaining the certiorari, he should have ordered a new trial, for the plaintiff might be able to supply any deficiency of evidence on another trial. The judgment is therefore affirmed, with direction that it operate to order a new trial in' the justice’s court.

Judgment affirmed, with direction.

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Russell, J.

Even if the evidence was insufficient to authorize the verdict rendered by the justice of the peace, the judge of the superior court erred in rendering final judgment in favor of the defendant. In sustaining the certiorari, he should have ordered a new trial, for the plaintiff might be able to supply any deficiency of evidence on another trial. The judgment is therefore affirmed, with direction that it operate to order a new trial in' the justice’s court.

Judgment affirmed, with direction.

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Bluebook (online)

73 S.E. 28, 10 Ga. App. 191, 1911 Ga. App. LEXIS 706, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hazzard-v-mayor-of-savannah-gactapp-1911.