Johnston-Crews Co. v. Smith

Court of Appeals of Georgia

Johnston-Crews Co. v. Smith

125 S.E. 734, 33 Ga. App. 25, 1924 Ga. App. LEXIS 682

CourtCourt of Appeals of Georgia

DecidedNovember 12, 1924

Docket15401

StatusPublished

Cited by4 cases

This text of 125 S.E. 734 (Johnston-Crews Co. v. Smith) 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

Johnston-Crews Co. v. Smith, 125 S.E. 734, 33 Ga. App. 25, 1924 Ga. App. LEXIS 682 (Ga. Ct. App. 1924).

Pincite

Opinion

Luke, J.

1. Where a new trial is sought on the ground that a member of the jury trying the case was related within the prohibited degree to the prevailing party, and, upon the hearing, affidavits are introduced tending to establish the sufficiency of that ground, and counter-affidavits are introduced to the effect that no such relationship existed, the judge passing upon the motion is the trior of the fact in controversy, and this court will not interfere with his decision thereon. Buchanan v. State, 118 Ga. 751 (9) (45 S. E. 607).

2. The excerpt from the charge complained of is not subject to any of the criticisms urged against it. The evidence was in sharp conflict, one part thereof tending to establish the truth of the plaintiff’s petition, the other to establish the truth of the defendant’s plea; and the verdict thereon, having the approval of the trial judge, can not be disturbed by this court.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Luke, J.

1. Where a new trial is sought on the ground that a member of the jury trying the case was related within the prohibited degree to the prevailing party, and, upon the hearing, affidavits are introduced tending to establish the sufficiency of that ground, and counter-affidavits are introduced to the effect that no such relationship existed, the judge passing upon the motion is the trior of the fact in controversy, and this court will not interfere with his decision thereon. Buchanan v. State, 118 Ga. 751 (9) (45 S. E. 607).

2. The excerpt from the charge complained of is not subject to any of the criticisms urged against it. The evidence was in sharp conflict, one part thereof tending to establish the truth of the plaintiff’s petition, the other to establish the truth of the defendant’s plea; and the verdict thereon, having the approval of the trial judge, can not be disturbed by this court.

Judgment affirmed.

Broyles, O. J., and Bloodworth, J., concur.

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Bluebook (online)

125 S.E. 734, 33 Ga. App. 25, 1924 Ga. App. LEXIS 682, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnston-crews-co-v-smith-gactapp-1924.

Opinion

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