Stalnaker v. Beach

Court of Appeals of Georgia

Stalnaker v. Beach

88 S.E. 991, 18 Ga. App. 172, 1916 Ga. App. LEXIS 199

CourtCourt of Appeals of Georgia

DecidedMay 26, 1916

Docket6997

StatusPublished

Cited by4 cases

This text of 88 S.E. 991 (Stalnaker v. Beach) 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

Stalnaker v. Beach, 88 S.E. 991, 18 Ga. App. 172, 1916 Ga. App. LEXIS 199 (Ga. Ct. App. 1916).

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Opinion

.Broyles, J.

1. The first grant of a new trial will not be disturbed unless it appears “that the judge abused his discretion in granting it, and that the law and facts required the verdict notwithstanding the judgment of the presiding judge.” Civil Code, § 6204.

(a) Where a verdict rendered in a justice’s court is not demanded by the evidence, a judgment sustaining a certiorari and ordering a new trial in the justice’s court stands upon the same footing as the ordinary first grant of a new trial. Jeffers v. Central of Georgia Ry. Co., 1 Ga. App. 331 (57 S. E. 923).

2. There was no error in the sustaining of the certiorari by the judge of the superior'court; or in his judgment ordering a new trial in the justice’s court. Judgment affirmed.

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.Broyles, J.

1. The first grant of a new trial will not be disturbed unless it appears “that the judge abused his discretion in granting it, and that the law and facts required the verdict notwithstanding the judgment of the presiding judge.” Civil Code, § 6204.

(a) Where a verdict rendered in a justice’s court is not demanded by the evidence, a judgment sustaining a certiorari and ordering a new trial in the justice’s court stands upon the same footing as the ordinary first grant of a new trial. Jeffers v. Central of Georgia Ry. Co., 1 Ga. App. 331 (57 S. E. 923).

2. There was no error in the sustaining of the certiorari by the judge of the superior'court; or in his judgment ordering a new trial in the justice’s court. Judgment affirmed.

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Bluebook (online)

88 S.E. 991, 18 Ga. App. 172, 1916 Ga. App. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stalnaker-v-beach-gactapp-1916.

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