Sweat v. Ehrensperger

Supreme Court of Georgia

Sweat v. Ehrensperger

102 S.E.2d 35, 213 Ga. 772, 1958 Ga. LEXIS 276

CourtSupreme Court of Georgia

DecidedJanuary 22, 1958

Docket19950

StatusPublished

Cited by2 cases

This text of 102 S.E.2d 35 (Sweat v. Ehrensperger) 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

Sweat v. Ehrensperger, 102 S.E.2d 35, 213 Ga. 772, 1958 Ga. LEXIS 276 (Ga. 1958).

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Opinion

Almand, Justice.

The bill of exceptions assigns error on the denial of motions for a judgment notwithstanding the verdict and for a new trial, in an action wherein the plaintiff recovered a money judgment upon a petition seeking damages for a trespass on land which the plaintiff alleged he owned, in which action the defendant sought no affirmative relief. [773]*773Title to land being only incidentally involved and the action being solely one to recover damages for trespass to land, the Court of Appeals and not this court has jurisdiction to review this case. Code (Ann.) § 2-3704; Powell v. Cheshire, 70 Ga. 357 (48 Am. R. 572); Williams v. Aycock, 180 Ga. 570 (179 S. E. 770).

Submitted January 14, 1958 Decided January 22, 1958. Memory, Barnes & Memory, for plaintiffs in error. Francis Houston, Lee 8. Purdom, contra. Transferred to the Court of Appeals. All the Justices concur.

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Almand, Justice.

The bill of exceptions assigns error on the denial of motions for a judgment notwithstanding the verdict and for a new trial, in an action wherein the plaintiff recovered a money judgment upon a petition seeking damages for a trespass on land which the plaintiff alleged he owned, in which action the defendant sought no affirmative relief. [773]*773Title to land being only incidentally involved and the action being solely one to recover damages for trespass to land, the Court of Appeals and not this court has jurisdiction to review this case. Code (Ann.) § 2-3704; Powell v. Cheshire, 70 Ga. 357 (48 Am. R. 572); Williams v. Aycock, 180 Ga. 570 (179 S. E. 770).

Submitted January 14, 1958 Decided January 22, 1958. Memory, Barnes & Memory, for plaintiffs in error. Francis Houston, Lee 8. Purdom, contra. Transferred to the Court of Appeals. All the Justices concur.

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102 S.E.2d 35, 213 Ga. 772, 1958 Ga. LEXIS 276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweat-v-ehrensperger-ga-1958.

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