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Shierling Bros. v. Richland Grocery Co.

70 S.E. 1126, 9 Ga. App. 271, 1911 Ga. App. LEXIS 510
CourtCourt of Appeals of Georgia
DecidedApril 24, 1911
Docket3037
StatusPublished
Cited by4 cases

This text of 70 S.E. 1126 (Shierling Bros. v. Richland Grocery Co.) 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
Shierling Bros. v. Richland Grocery Co., 70 S.E. 1126, 9 Ga. App. 271, 1911 Ga. App. LEXIS 510 (Ga. Ct. App. 1911).

Opinion

Powell, J.

1. The right to defend against a contract on the ground that it was within the statute of frauds and was not in writing is one of personal privilege, and unless the record discloses that this defense was raised in the trial coru’t it can not be insisted upon in this court. Marks v. Talmadge, 8 Ga. App. 557 (69 S. E. 1131).

2. The evidence authorized the verdict.

3. The note of the trial judge, attached to the approval of the special grounds of the motion for new trial, practically amounts to a disapproval of them, and leaves them in such shape that they present no substantial question for the decision of this court. Judgment affirmed.

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Related

Pope v. Lovett
4 S.E.2d 152 (Supreme Court of Georgia, 1939)
Few v. Adams
117 S.E. 335 (Court of Appeals of Georgia, 1923)
Haygood v. Clark Co.
107 S.E. 379 (Court of Appeals of Georgia, 1921)
Kirby Planing-Mill Co. v. Hughes
75 S.E. 1059 (Court of Appeals of Georgia, 1912)

Cite This Page — Counsel Stack

Bluebook (online)
70 S.E. 1126, 9 Ga. App. 271, 1911 Ga. App. LEXIS 510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shierling-bros-v-richland-grocery-co-gactapp-1911.