Kemph v. Lane Drug Stores Inc.

Court of Appeals of Georgia

Kemph v. Lane Drug Stores Inc.

5 S.E.2d 589, 60 Ga. App. 875, 1939 Ga. App. LEXIS 196

CourtCourt of Appeals of Georgia

DecidedNovember 3, 1939

Docket27645

StatusPublished

Cited by1 cases

This text of 5 S.E.2d 589 (Kemph v. Lane Drug Stores Inc.) 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

Kemph v. Lane Drug Stores Inc., 5 S.E.2d 589, 60 Ga. App. 875, 1939 Ga. App. LEXIS 196 (Ga. Ct. App. 1939).

Pincite

Opinion

Beoyues, O. J.

1. The two excerpts from the charge of the court, complained of, when considered in the light of the entire charge and the facts of the case, were not erroneous for any reason assigned.

2. The court did not err in overruling the ground of the motion for new-trial based upon alleged newly discovered evidence, the evidence being merely cumulative, and, as stated by the judge in his order overruling the motion, it did not appear that the movant or her attorneys had used ordinary diligence to discover the evidence before the trial of the ease.

3. The verdict for the defendant was authorized by the evidence, and the refusal to grant a new trial was not error.

Judgment affirmed.

MacIntyre and Guerry, JJ., concur. E. E. Carter for plaintiff. Jones, Powers & Williams, for defendant.

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