Stedham v. Kinney

Court of Appeals of Georgia

Stedham v. Kinney

153 S.E. 610, 41 Ga. App. 543, 1930 Ga. App. LEXIS 977

CourtCourt of Appeals of Georgia

DecidedJune 10, 1930

Docket20445

StatusPublished

Cited by3 cases

This text of 153 S.E. 610 (Stedham v. Kinney) 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

Stedham v. Kinney, 153 S.E. 610, 41 Ga. App. 543, 1930 Ga. App. LEXIS 977 (Ga. Ct. App. 1930).

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Opinion

Luke, J.

U. S. Kinney- sued W. L. Stedliam for $3,902-, alleged to be due plaintiff for services rendered in mixing and selling guano for the defendant during the years 1925 and 1926. The defendant pleaded that the plaintiff owed him various amounts, the aggregate of which exceeded the sum sued for. The case was referred to an auditor, who found in favor of Kinney in the sum of $2455.05. The judge of the superior court sustained Stedham’s exceptions to the auditor’s report and ordered a jury trial of the case. The jury rendered a verdict for Kinney in the sum of $835.05 principal and $162.01 interest. The only exception is to the judgment overruling the motion for a new trial, based solely upon the usual general grounds.

The evidence is voluminous and conflicting, but the defendant in error sustained his case by his oral testimony. In these circumstances this court is bound by the verdict. See Patton v. State, 117 Ga. 230 (43 S. E. 533); White v. State, 25 Ga. App. 554 (103 S. E. 803); Collins v. Broom, 21 Ga. App. 420 (94 S. E. 645). Therefore the trial judge did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodworih, J., concur.

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Luke, J.

U. S. Kinney- sued W. L. Stedliam for $3,902-, alleged to be due plaintiff for services rendered in mixing and selling guano for the defendant during the years 1925 and 1926. The defendant pleaded that the plaintiff owed him various amounts, the aggregate of which exceeded the sum sued for. The case was referred to an auditor, who found in favor of Kinney in the sum of $2455.05. The judge of the superior court sustained Stedham’s exceptions to the auditor’s report and ordered a jury trial of the case. The jury rendered a verdict for Kinney in the sum of $835.05 principal and $162.01 interest. The only exception is to the judgment overruling the motion for a new trial, based solely upon the usual general grounds.

The evidence is voluminous and conflicting, but the defendant in error sustained his case by his oral testimony. In these circumstances this court is bound by the verdict. See Patton v. State, 117 Ga. 230 (43 S. E. 533); White v. State, 25 Ga. App. 554 (103 S. E. 803); Collins v. Broom, 21 Ga. App. 420 (94 S. E. 645). Therefore the trial judge did not err in overruling the motion for a new trial.

Judgment affirmed.

Broyles, C. J., and Bloodworih, J., concur.

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Bluebook (online)

153 S.E. 610, 41 Ga. App. 543, 1930 Ga. App. LEXIS 977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stedham-v-kinney-gactapp-1930.

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