Murphy v. Mitchell

Court of Appeals of Georgia

Murphy v. Mitchell

119 S.E. 424, 30 Ga. App. 736, 1923 Ga. App. LEXIS 659

CourtCourt of Appeals of Georgia

DecidedSeptember 22, 1923

Docket13832

StatusPublished

Cited by2 cases

This text of 119 S.E. 424 (Murphy v. Mitchell) 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

Murphy v. Mitchell, 119 S.E. 424, 30 Ga. App. 736, 1923 Ga. App. LEXIS 659 (Ga. Ct. App. 1923).

Pincite

Opinion

Stephens, J.

This being a suit on open account, and the amount of the verdict found for the plaintiff having been reduced by him by writing off a sum specified by the court as a condition precedent to the overruling of the defendant’s motion for a new trial, and it not being made to appear to this court that from the application of the law to the evidence the excess could be definitely and accurately ascertained, the order denying a new7 trial upon this condition wras error. Central &c. Ry. Co. v. Perkerson, 112 Ga. 923 (38 S. E. 365, 53 L. R. A. 210); Lee v. Bagwell, 14 Ga. App. 699 (82 S. E. 49).

Judgment reversed.

Jenkins, P. J:, and Bell, J., concur.

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Stephens, J.

This being a suit on open account, and the amount of the verdict found for the plaintiff having been reduced by him by writing off a sum specified by the court as a condition precedent to the overruling of the defendant’s motion for a new trial, and it not being made to appear to this court that from the application of the law to the evidence the excess could be definitely and accurately ascertained, the order denying a new7 trial upon this condition wras error. Central &c. Ry. Co. v. Perkerson, 112 Ga. 923 (38 S. E. 365, 53 L. R. A. 210); Lee v. Bagwell, 14 Ga. App. 699 (82 S. E. 49).

Judgment reversed.

Jenkins, P. J:, and Bell, J., concur.

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Bluebook (online)

119 S.E. 424, 30 Ga. App. 736, 1923 Ga. App. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-mitchell-gactapp-1923.

Opinion

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