Tolbert Estate Inc. v. Kellis

Court of Appeals of Georgia

Tolbert Estate Inc. v. Kellis

128 S.E. 204, 34 Ga. App. 49, 1925 Ga. App. LEXIS 28

CourtCourt of Appeals of Georgia

DecidedMay 14, 1925

Docket16307

StatusPublished

This text of 128 S.E. 204 (Tolbert Estate Inc. v. Kellis) 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

Tolbert Estate Inc. v. Kellis, 128 S.E. 204, 34 Ga. App. 49, 1925 Ga. App. LEXIS 28 (Ga. Ct. App. 1925).

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Opinion

Beoyi.es, C. J.

Conceding (but not deciding) that the lease in question was properly admitted in evidence, the evidence, with all the legal deductions and inferences arising therefrom, did not absolutely demand the verdict directed by the trial judge in favor of the plaintiff. It follows that the judge of the superior court did not err in sustaining the defendant’s certiorari and in granting a new trial’, the petition for certiorari containing a proper assignment of error upon such direction of the verdict.

Judgment affirmed.

Buhe and Bloodworth, JJ., concur.

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Beoyi.es, C. J.

Conceding (but not deciding) that the lease in question was properly admitted in evidence, the evidence, with all the legal deductions and inferences arising therefrom, did not absolutely demand the verdict directed by the trial judge in favor of the plaintiff. It follows that the judge of the superior court did not err in sustaining the defendant’s certiorari and in granting a new trial’, the petition for certiorari containing a proper assignment of error upon such direction of the verdict.

Judgment affirmed.

Buhe and Bloodworth, JJ., concur.

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Bluebook (online)

128 S.E. 204, 34 Ga. App. 49, 1925 Ga. App. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tolbert-estate-inc-v-kellis-gactapp-1925.