Home/Supreme Court of Georgia/Sanders v. Nicolson

Sanders v. Nicolson

28 S.E. 976, 101 Ga. 739, 1897 Ga. LEXIS 312
CourtSupreme Court of Georgia
DecidedJuly 10, 1897
StatusPublished
Cited by27 cases

This text of 28 S.E. 976 (Sanders v. Nicolson) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. Nicolson, 28 S.E. 976, 101 Ga. 739, 1897 Ga. LEXIS 312 (Ga. 1897).

Opinion

Atkinson, J.

The propositions stated in the first two head-notes require no elaboration. The charge excepted to, as set out in the third headnote, is a clear expression of an opinion upon the weight of evidence. It determines judicially a question of fact which should have been left to the jury; and whether that fact was properly determined or not by the judge, this court, according to the provisions of section 4334 of the Civil Code, is without discretion to withhold a judgment reversing a refusal to grant a new trial upon an exception based upon this instruction to the jury.

Judgment reversed.

All the Justices concurring.

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Bluebook (online)
28 S.E. 976, 101 Ga. 739, 1897 Ga. LEXIS 312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-nicolson-ga-1897.