Tri-State Augusta, Inc. v. Woodward Lumber Co.

Court of Appeals of Georgia

Tri-State Augusta, Inc. v. Woodward Lumber Co.

77 S.E.2d 769, 88 Ga. App. 748, 1953 Ga. App. LEXIS 1178

CourtCourt of Appeals of Georgia

DecidedSeptember 19, 1953

Docket34787

StatusPublished

Cited by2 cases

This text of 77 S.E.2d 769 (Tri-State Augusta, Inc. v. Woodward Lumber Co.) 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

Tri-State Augusta, Inc. v. Woodward Lumber Co., 77 S.E.2d 769, 88 Ga. App. 748, 1953 Ga. App. LEXIS 1178 (Ga. Ct. App. 1953).

Pincite

Opinion

Townsend, J.

1. The first grant of a new trial is in the discretion of the trial court, and such discretion is not abused unless the law and facts require the verdict notwithstanding such judgment. Code § 6-1608; Reese v. Baker, 197 Ga. 265 (2) (29 S. E. 2d 412).

2. Where, as here, the sole assignment of error in the bill of exceptions is the judgment of the trial judge granting a first new trial, in favor of the defendant, on a motion containing the usual general and several special grounds, the judgment not specifying upon which grounds the new trial is granted, and where the verdict in favor of the plaintiff in a stated sum in a suit on open account is not demanded by the evidence,' which was in conflict both as to the value of the work performed and the authority to perform it—the discretion of the judge in granting the new trial will not be disturbed by this court.

Judgment affirmed.

Gardner, P.J., and Carlisle, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Townsend, J.

1. The first grant of a new trial is in the discretion of the trial court, and such discretion is not abused unless the law and facts require the verdict notwithstanding such judgment. Code § 6-1608; Reese v. Baker, 197 Ga. 265 (2) (29 S. E. 2d 412).

2. Where, as here, the sole assignment of error in the bill of exceptions is the judgment of the trial judge granting a first new trial, in favor of the defendant, on a motion containing the usual general and several special grounds, the judgment not specifying upon which grounds the new trial is granted, and where the verdict in favor of the plaintiff in a stated sum in a suit on open account is not demanded by the evidence,' which was in conflict both as to the value of the work performed and the authority to perform it—the discretion of the judge in granting the new trial will not be disturbed by this court.

Judgment affirmed.

Gardner, P.J., and Carlisle, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

77 S.E.2d 769, 88 Ga. App. 748, 1953 Ga. App. LEXIS 1178, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tri-state-augusta-inc-v-woodward-lumber-co-gactapp-1953.

Opinion

Related

Cite This Page — Counsel Stack