Johnson v. Spence

Court of Appeals of Georgia

Johnson v. Spence

91 S.E. 889, 19 Ga. App. 554, 1917 Ga. App. LEXIS 234

CourtCourt of Appeals of Georgia

DecidedMarch 20, 1917

Docket8053

StatusPublished

Cited by1 cases

This text of 91 S.E. 889 (Johnson v. Spence) 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

Johnson v. Spence, 91 S.E. 889, 19 Ga. App. 554, 1917 Ga. App. LEXIS 234 (Ga. Ct. App. 1917).

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Opinion

George, J.

The ruling stated in the first headnote was made when this case was before the Supreme Court at the March term, 1914 (Spence v. Johnson, 142 Ga. 267 (82 S. E. 646, Ann. Cas. 1916A, 1195). It was then held that dhe petition was sufficient to withstand a demurrer except in one particular noted. Upon the trial of the case the plaintiff proved his case as alleged, and this is not controverted. In the brief of counsel for the plaintiff in error this statement occurs: “Mr. Spence proved his case as he alleged it. . . Taking the case as made and the law as it is, we concede that the evidence was sufficient to carry the case against Johnson for a nominal amount and to recover costs, but we say that the large verdict of $400 is excessive and should be set aside and a new trial granted.” The motion for new trial is based only upon this ground and the usual general grounds.

Judgment affirmed.

Wade, O. J., and Lulce, J., concur.

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George, J.

The ruling stated in the first headnote was made when this case was before the Supreme Court at the March term, 1914 (Spence v. Johnson, 142 Ga. 267 (82 S. E. 646, Ann. Cas. 1916A, 1195). It was then held that dhe petition was sufficient to withstand a demurrer except in one particular noted. Upon the trial of the case the plaintiff proved his case as alleged, and this is not controverted. In the brief of counsel for the plaintiff in error this statement occurs: “Mr. Spence proved his case as he alleged it. . . Taking the case as made and the law as it is, we concede that the evidence was sufficient to carry the case against Johnson for a nominal amount and to recover costs, but we say that the large verdict of $400 is excessive and should be set aside and a new trial granted.” The motion for new trial is based only upon this ground and the usual general grounds.

Judgment affirmed.

Wade, O. J., and Lulce, J., concur.

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Bluebook (online)

91 S.E. 889, 19 Ga. App. 554, 1917 Ga. App. LEXIS 234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-spence-gactapp-1917.

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