Wise v. Ray

Court of Appeals of Georgia

Wise v. Ray

112 S.E. 904, 28 Ga. App. 659, 1922 Ga. App. LEXIS 762

CourtCourt of Appeals of Georgia

DecidedJune 14, 1922

Docket13210

StatusPublished

This text of 112 S.E. 904 (Wise v. Ray) 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

Wise v. Ray, 112 S.E. 904, 28 Ga. App. 659, 1922 Ga. App. LEXIS 762 (Ga. Ct. App. 1922).

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Bloodworth, J.

“In this case the motion for a new trial contained only the usual general grounds. There was some slight evidence authorizing the verdict; and, the verdict having been approved by the trial judge, under the repeated and uniform rulings of this.court and of the Supreme Court a reviewing court is powerless to interfere. When the verdict is apparently decidedly against the weight of the evidence, the trial judge has a wide discretion as to granting or refusing a new trial; but whenever there is any evidence, however slight, to support a verdict which has been approved by the trial judge, this court is absolutely without authority to control the judgment of the trial court.” Toole v. Jones, 19 Ga. App. 24 (90 S. E. 732); Cook v. McMurria, 19 Ga. App. 491 (91 S. E. 785); McCarty v. Keys, 19 Ga. App. 494 (91 S. E. 875); Phillips-Boyd Publishing Co. v. Bird, 19 Ga. App. 808 (92 S. E. 287); Fraser v. State, 55 Ga. 326 (6).

Judgment affirmed.

Luke, J., concurs. Broyles, C. J., dissents.

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Bloodworth, J.

“In this case the motion for a new trial contained only the usual general grounds. There was some slight evidence authorizing the verdict; and, the verdict having been approved by the trial judge, under the repeated and uniform rulings of this.court and of the Supreme Court a reviewing court is powerless to interfere. When the verdict is apparently decidedly against the weight of the evidence, the trial judge has a wide discretion as to granting or refusing a new trial; but whenever there is any evidence, however slight, to support a verdict which has been approved by the trial judge, this court is absolutely without authority to control the judgment of the trial court.” Toole v. Jones, 19 Ga. App. 24 (90 S. E. 732); Cook v. McMurria, 19 Ga. App. 491 (91 S. E. 785); McCarty v. Keys, 19 Ga. App. 494 (91 S. E. 875); Phillips-Boyd Publishing Co. v. Bird, 19 Ga. App. 808 (92 S. E. 287); Fraser v. State, 55 Ga. 326 (6).

Judgment affirmed.

Luke, J., concurs. Broyles, C. J., dissents.

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Bluebook (online)

112 S.E. 904, 28 Ga. App. 659, 1922 Ga. App. LEXIS 762, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wise-v-ray-gactapp-1922.

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