Levy v. Duckworth

Court of Appeals of Georgia

Levy v. Duckworth

132 S.E. 648, 35 Ga. App. 247, 1926 Ga. App. LEXIS 666

CourtCourt of Appeals of Georgia

DecidedApril 14, 1926

Docket17089

StatusPublished

This text of 132 S.E. 648 (Levy v. Duckworth) 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

Levy v. Duckworth, 132 S.E. 648, 35 Ga. App. 247, 1926 Ga. App. LEXIS 666 (Ga. Ct. App. 1926).

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Opinion

Bloodworth, J.

This ease was tried by one of the judges of the municipal court of Atlanta, and he directed a verdict for the plaintiff. The defendant applied to him for a new trial, which was refused. Thereupon an appeal was taken to the appellate division of that court, and it granted a new trial. The judge of the superior court refused to sanction a writ of certiorari from this judgment, properly holding that the evidence raised an issue of fact for the jury. The case is controlled by the general rule that the first grant of a new trial will not be disturbed, unless the evidence demanded the verdict rendered.

Judgment affirmed.

Broyles, O. J., and Luke, J., concur.

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Bloodworth, J.

This ease was tried by one of the judges of the municipal court of Atlanta, and he directed a verdict for the plaintiff. The defendant applied to him for a new trial, which was refused. Thereupon an appeal was taken to the appellate division of that court, and it granted a new trial. The judge of the superior court refused to sanction a writ of certiorari from this judgment, properly holding that the evidence raised an issue of fact for the jury. The case is controlled by the general rule that the first grant of a new trial will not be disturbed, unless the evidence demanded the verdict rendered.

Judgment affirmed.

Broyles, O. J., and Luke, J., concur.

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Bluebook (online)

132 S.E. 648, 35 Ga. App. 247, 1926 Ga. App. LEXIS 666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-duckworth-gactapp-1926.