Powers v. Franklin

Court of Appeals of Georgia

Powers v. Franklin

124 S.E. 363, 32 Ga. App. 641, 1924 Ga. App. LEXIS 573

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1924

Docket14833

StatusPublished

Cited by3 cases

This text of 124 S.E. 363 (Powers v. Franklin) 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

Powers v. Franklin, 124 S.E. 363, 32 Ga. App. 641, 1924 Ga. App. LEXIS 573 (Ga. Ct. App. 1924).

Pincite

Opinion

Stephens, J.

1. A tender to the plaintiff in trover of the property alleged to have been converted, when made after the institution of the suit, is not made in compliance with the Civil Code (1910), §4494, when unaccompanied by a tender of hire.

2. The plaintiff in trover having, under the Civil Code (1910), § 5930, the right to elect a verdict, to be discharged in damages alone, it is no concern of the defendant that the court failed to charge that the jury should bring in an alternative verdict for the property or its value, irrespective of what election the plaintiff may have in fact made.

• 3. There being no tender under section 4494 of the Civil Code (1910), and no error in the charge, and there being no complaint of other error, tlie verdict found for the plaintiff in damages alone will not be set aside.

Judgment affirmed.

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

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