J. R. Watkins Co. v. Strickland

Court of Appeals of Georgia

J. R. Watkins Co. v. Strickland

93 S.E.2d 171, 93 Ga. App. 859, 1956 Ga. App. LEXIS 880

CourtCourt of Appeals of Georgia

DecidedMay 11, 1956

Docket36189

StatusPublished

Cited by1 cases

This text of 93 S.E.2d 171 (J. R. Watkins Co. v. Strickland) 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

J. R. Watkins Co. v. Strickland, 93 S.E.2d 171, 93 Ga. App. 859, 1956 Ga. App. LEXIS 880 (Ga. Ct. App. 1956).

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Opinion

Gardner, P. J.

This record does not sustain the verdict of $200. Strickland, the only witness for the defense who attempted to establish the amount owed the plaintiff, stated positively in his testimony that he did not know how much he owed the plaintiff; that he lost his records in moving; that he believed it was about $200. The evidence of the plaintiff showed in detail the status of the account, and that amount was $778.53. The plaintiff carried the burden of proving this amount and was entitled to a verdict, according to this record. A verdict which is not supported by any evidence is an unlawful verdict and cannot be permitted to stand. There is no evidence to sustain the contentions of the sureties in their several pleas.

Judgment reversed.

Townsend and Carlisle, JJ., concur.

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Gardner, P. J.

This record does not sustain the verdict of $200. Strickland, the only witness for the defense who attempted to establish the amount owed the plaintiff, stated positively in his testimony that he did not know how much he owed the plaintiff; that he lost his records in moving; that he believed it was about $200. The evidence of the plaintiff showed in detail the status of the account, and that amount was $778.53. The plaintiff carried the burden of proving this amount and was entitled to a verdict, according to this record. A verdict which is not supported by any evidence is an unlawful verdict and cannot be permitted to stand. There is no evidence to sustain the contentions of the sureties in their several pleas.

Judgment reversed.

Townsend and Carlisle, JJ., concur.

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93 S.E.2d 171, 93 Ga. App. 859, 1956 Ga. App. LEXIS 880, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-r-watkins-co-v-strickland-gactapp-1956.

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