Kennedy v. McCook

Court of Appeals of Georgia

Kennedy v. McCook

98 S.E. 390, 23 Ga. App. 422, 1919 Ga. App. LEXIS 145

CourtCourt of Appeals of Georgia

DecidedFebruary 12, 1919

Docket9728

StatusPublished

Cited by2 cases

This text of 98 S.E. 390 (Kennedy v. McCook) 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

Kennedy v. McCook, 98 S.E. 390, 23 Ga. App. 422, 1919 Ga. App. LEXIS 145 (Ga. Ct. App. 1919).

Pincite

Opinions

Broyles, P. J.

1. There 'is in the record no evidence authorizing the defendant to have, as against the plaintiff’s claim sued on, a set-off for the rents on the lands in question for the years 1916 and 1917. The jury, by their verdict, having found that the defendant was entitled to have the rents for those years set off against the plaintiff’s claim, the court erred in overruling the general grounds of the plaintiff’s motion for a new trial.

2. Under 'the foregoing ruling, it is unnecessary to consider the special grounds of the motion for a new trial.

Judgment reversed.

Bloodworth and Stephens, JJ., concur.

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