Owen v. Bigham

Court of Appeals of Georgia

Owen v. Bigham

155 S.E. 509, 42 Ga. App. 217, 1930 Ga. App. LEXIS 295

CourtCourt of Appeals of Georgia

DecidedOctober 8, 1930

Docket20685

StatusPublished

This text of 155 S.E. 509 (Owen v. Bigham) 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

Owen v. Bigham, 155 S.E. 509, 42 Ga. App. 217, 1930 Ga. App. LEXIS 295 (Ga. Ct. App. 1930).

Pincite

Opinion

Broyles, C. J.

1. Under all the facts of the case (including the petition and the demurrer thereto, and the unexcepted to judgment overruling the demurrer), the failure of the judge to give the charge set forth in ground 4 of the amendment to the motion for a new trial was not error.

2. The remaining special ground of the motion for a new trial is not unqualifiedly approved by the trial judge, and that ground, therefore, [218]*218under repeated rulings of the Supreme Court and of this court, can not be considered.

Decided October 8, 1930. J. Q-. B. Erwin, for plaintiff in error. Joseph M. Lang, Y. A. Henderson, contra.

3. The verdict (a second verdict in favor of'the plaintiff) was authorized by the evidence,- and the refusal to grant a new trial was not error.

Judgment affirmed.

Luke cmd Bloodworth, JJ., concur.

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