Smoyer v. Jarman

Court of Appeals of Georgia

Smoyer v. Jarman

114 S.E. 924, 29 Ga. App. 305, 1922 Ga. App. LEXIS 259

CourtCourt of Appeals of Georgia

DecidedDecember 13, 1922

Docket13812

StatusPublished

This text of 114 S.E. 924 (Smoyer v. Jarman) 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

Smoyer v. Jarman, 114 S.E. 924, 29 Ga. App. 305, 1922 Ga. App. LEXIS 259 (Ga. Ct. App. 1922).

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Opinion

Bloodworth, J.

Upon the ground that the defendants were non-residents, T. H. Jarman sued out an attachment against Y. R. Smoyer and J. B. Smoyer, which was levied on certain personalty. The record does not show that this property was replevied by, or that notice of any kind was given to, J. B. Smoyer, or that he appeared and pleaded, but does show that V. R. Smoyer traversed the ground upon which the attachment was issued and filed a plea to the merits. The verdict was a general one in favor of the plaintiff. Held: (a) The judgment as to J. B. Smoyer must be set aside, as the court was without jurisdiction of his person. (6) This court cannot say as a matter of law that the verdict against V. R. Smoyer is without any evidence to support it, and it is a well-established rule that a verdict supported by some evidence and approved by the trial judge cannot be disturbed by this court. The costs of the writ of error are taxed against the defendant in error.

Judgment as to V. B. Smoyer affirmed; judgment as to J. B. Smoyer reversed.

Broyles, O. J., mid Luke, J., concur.

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Bloodworth, J.

Upon the ground that the defendants were non-residents, T. H. Jarman sued out an attachment against Y. R. Smoyer and J. B. Smoyer, which was levied on certain personalty. The record does not show that this property was replevied by, or that notice of any kind was given to, J. B. Smoyer, or that he appeared and pleaded, but does show that V. R. Smoyer traversed the ground upon which the attachment was issued and filed a plea to the merits. The verdict was a general one in favor of the plaintiff. Held: (a) The judgment as to J. B. Smoyer must be set aside, as the court was without jurisdiction of his person. (6) This court cannot say as a matter of law that the verdict against V. R. Smoyer is without any evidence to support it, and it is a well-established rule that a verdict supported by some evidence and approved by the trial judge cannot be disturbed by this court. The costs of the writ of error are taxed against the defendant in error.

Judgment as to V. B. Smoyer affirmed; judgment as to J. B. Smoyer reversed.

Broyles, O. J., mid Luke, J., concur.

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Bluebook (online)

114 S.E. 924, 29 Ga. App. 305, 1922 Ga. App. LEXIS 259, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smoyer-v-jarman-gactapp-1922.