Hudson v. Driver

Court of Appeals of Georgia

Hudson v. Driver

78 S.E. 1013, 13 Ga. App. 174, 1913 Ga. App. LEXIS 90

CourtCourt of Appeals of Georgia

DecidedAugust 12, 1913

Docket4579

StatusPublished

This text of 78 S.E. 1013 (Hudson v. Driver) 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

Hudson v. Driver, 78 S.E. 1013, 13 Ga. App. 174, 1913 Ga. App. LEXIS 90 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

In this case error is assigned upon the judgment of the trial court in granting a new trial to the defendant. It is the first grant of a new trial; and since a verdict in favor of the plaintiff was not demanded by the evidence, the discretion of the trial judge will not be controlled. The first grant of a new trial will not be disturbed unless both the law and the facts require the verdict. Civil Code, § 6204; Wright v. Garland, 137 Ga. 30 (72 S. E. 399); Zorn v. Upson Banking & Trust Co., 137 Ga. 464 (73 S. E. 652). Judgment affirmed.

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Russell, J.

In this case error is assigned upon the judgment of the trial court in granting a new trial to the defendant. It is the first grant of a new trial; and since a verdict in favor of the plaintiff was not demanded by the evidence, the discretion of the trial judge will not be controlled. The first grant of a new trial will not be disturbed unless both the law and the facts require the verdict. Civil Code, § 6204; Wright v. Garland, 137 Ga. 30 (72 S. E. 399); Zorn v. Upson Banking & Trust Co., 137 Ga. 464 (73 S. E. 652). Judgment affirmed.

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Bluebook (online)

78 S.E. 1013, 13 Ga. App. 174, 1913 Ga. App. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-v-driver-gactapp-1913.

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