Smith v. Dobbins

Supreme Court of Georgia

Smith v. Dobbins

4 S.E. 855, 80 Ga. 344

DecidedDecember 12, 1887

StatusPublished

This text of 4 S.E. 855 (Smith v. Dobbins) 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

Smith v. Dobbins, 4 S.E. 855, 80 Ga. 344 (Ga. 1887).

Pincite

Opinion

Blandford, Justice.

In this case, Smith obtained a j udgment against Wo fiord; execution issued and certain land was- levied upon, to which Dobbins interposed a claim. On the trial of the claim case, the jury rendered a verdict in favor of the plaintiff in execution, finding $800 worth of the land levied on subject to thefi.fa. The claimant moved for anew trial, on several grounds. A new trial was granted by the, court.

This was the first grant of a new trial in this case. The testimony was conflicting as to whether the property was subject or not. The court was not satisfied with the verdict and granted a new trial. We do not think he abused the discretion which the law vested in him; and the judgment is affirmed.

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Blandford, Justice.

In this case, Smith obtained a j udgment against Wo fiord; execution issued and certain land was- levied upon, to which Dobbins interposed a claim. On the trial of the claim case, the jury rendered a verdict in favor of the plaintiff in execution, finding $800 worth of the land levied on subject to thefi.fa. The claimant moved for anew trial, on several grounds. A new trial was granted by the, court.

This was the first grant of a new trial in this case. The testimony was conflicting as to whether the property was subject or not. The court was not satisfied with the verdict and granted a new trial. We do not think he abused the discretion which the law vested in him; and the judgment is affirmed.

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Bluebook (online)

4 S.E. 855, 80 Ga. 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-dobbins-ga-1887.