Mobley v. Ocmulgee Guano Co.

Court of Appeals of Georgia

Mobley v. Ocmulgee Guano Co.

151 S.E. 535, 40 Ga. App. 782, 1930 Ga. App. LEXIS 693

CourtCourt of Appeals of Georgia

DecidedJanuary 23, 1930

Docket19740

StatusPublished

Cited by1 cases

This text of 151 S.E. 535 (Mobley v. Ocmulgee Guano Co.) 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

Mobley v. Ocmulgee Guano Co., 151 S.E. 535, 40 Ga. App. 782, 1930 Ga. App. LEXIS 693 (Ga. Ct. App. 1930).

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Opinion

Jenkins, P. J.

It was the right and duty of the jury to determine the weight and credibility, the reasonableness or unreasonableness, the probability or improbability, of the testimony offered by the claimant and her husband, introduced on her behalf, and in doing so they had a right to consider all the facts and surrounding circumstances sworn to. It can not be said, as a matter of law, that the admitted prima facie case in favor of the plaintiff in fi. fa. was conclusively overthrown, so as to require that the verdict found by the jury and approved by the trial judge be set aside.

Judgment affirmed.

Stephens and, Bell, JJ., concur. Marion Turner, for plaintiff in error. Lawson & Ware, contra.

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Jenkins, P. J.

It was the right and duty of the jury to determine the weight and credibility, the reasonableness or unreasonableness, the probability or improbability, of the testimony offered by the claimant and her husband, introduced on her behalf, and in doing so they had a right to consider all the facts and surrounding circumstances sworn to. It can not be said, as a matter of law, that the admitted prima facie case in favor of the plaintiff in fi. fa. was conclusively overthrown, so as to require that the verdict found by the jury and approved by the trial judge be set aside.

Judgment affirmed.

Stephens and, Bell, JJ., concur. Marion Turner, for plaintiff in error. Lawson & Ware, contra.

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151 S.E. 535, 40 Ga. App. 782, 1930 Ga. App. LEXIS 693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobley-v-ocmulgee-guano-co-gactapp-1930.

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