Scarlett v. Wright

Court of Appeals of Georgia

Scarlett v. Wright

116 S.E. 126, 29 Ga. App. 505, 1923 Ga. App. LEXIS 99

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1923

Docket13720

StatusPublished

This text of 116 S.E. 126 (Scarlett v. Wright) 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

Scarlett v. Wright, 116 S.E. 126, 29 Ga. App. 505, 1923 Ga. App. LEXIS 99 (Ga. Ct. App. 1923).

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Opinion

Bell, J.

This action was against a surety of the plaintiff’s husband upon a ne exeat bond. A verdict was returned in favor of the defendant. Thereafter the court granted the motion of the plaintiff for a new trial, and to this judgment the defend[506]*506ant excepted. There was some evidence tending to show a breach of the bond, and it follows that the trial judge had a discretion in granting or refusing the motion; and the exercise of that discretion in favor of the movant is not, under the law, to be controlled by this court.

Judgment affirmed,.

Jenkins, P. J., and Stephens, J., concur.

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Bell, J.

This action was against a surety of the plaintiff’s husband upon a ne exeat bond. A verdict was returned in favor of the defendant. Thereafter the court granted the motion of the plaintiff for a new trial, and to this judgment the defend[506]*506ant excepted. There was some evidence tending to show a breach of the bond, and it follows that the trial judge had a discretion in granting or refusing the motion; and the exercise of that discretion in favor of the movant is not, under the law, to be controlled by this court.

Judgment affirmed,.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

116 S.E. 126, 29 Ga. App. 505, 1923 Ga. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scarlett-v-wright-gactapp-1923.