Stewart & Keith v. Attaway

88 S.E. 992, 18 Ga. App. 158, 1916 Ga. App. LEXIS 192

Opinion

Broyles, J.

1. The assignment of error upon the failure, of the court to direct a verdict for the defendants is without merit, as it is well settled that the refusal to direct a verdict is never reversible error.

2. The suit was trover to recover 1,520 pounds of sea-island cotton, and the evidence possibly authorized, but did not demand, a finding that that amount of cotton was in the possession of the defendants at or before the time the suit was brought. The direction of a verdict for the plaintiff was, therefore, error. Judgment reversed.

Trover; from city court of Hazlehurst — Judge Lankford presiding. August 18, 1915.

J. Mark Wilcox, Bennett & Swain, P. L. Smith, for plaintiffs in error. F. Willis Dart, John Rogers Jr., contra.