Kuhns v. Clark

Supreme Court of Georgia

Kuhns v. Clark

89 S.E. 409, 145 Ga. 452, 1916 Ga. LEXIS 360

DecidedJuly 11, 1916

StatusPublished

This text of 89 S.E. 409 (Kuhns v. Clark) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kuhns v. Clark, 89 S.E. 409, 145 Ga. 452, 1916 Ga. LEXIS 360 (Ga. 1916).

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Opinion

Lumpkin, J.

A branch of this case, on exception to a refusal of the court to grant an interlocutory injunction, was decided by this court in Clark v. Macon Telegraph Publishing Co., 143 Ga. 278 (84 S. E. 577). Clark, the surety last signing the bond, later paid off the execution against the principal and himself and the other person whose name appeared as a surety (Kuhns), and was about to proceed by levy upon property of Kuhns to enforce contribution. (Civil Code, § 3558.) Kuhns moved to set aside the judgment. On the final trial the case by consent was submitted to the presiding judge without a jury. The evidence was in some respects conflicting. A judgment was rendered in favor of Clark, and Kuhns excepted. Held, that it can not be declared, as matter of law, that the judgment was unsupported by evidence.

Judgment affirmed on the main bill of exceptions. Cross-bill of exceptions dismissed.

All the Justices concur.

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Lumpkin, J.

A branch of this case, on exception to a refusal of the court to grant an interlocutory injunction, was decided by this court in Clark v. Macon Telegraph Publishing Co., 143 Ga. 278 (84 S. E. 577). Clark, the surety last signing the bond, later paid off the execution against the principal and himself and the other person whose name appeared as a surety (Kuhns), and was about to proceed by levy upon property of Kuhns to enforce contribution. (Civil Code, § 3558.) Kuhns moved to set aside the judgment. On the final trial the case by consent was submitted to the presiding judge without a jury. The evidence was in some respects conflicting. A judgment was rendered in favor of Clark, and Kuhns excepted. Held, that it can not be declared, as matter of law, that the judgment was unsupported by evidence.

Judgment affirmed on the main bill of exceptions. Cross-bill of exceptions dismissed.

All the Justices concur.

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Bluebook (online)

89 S.E. 409, 145 Ga. 452, 1916 Ga. LEXIS 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kuhns-v-clark-ga-1916.

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