Powell v. Westmoreland
Supreme Court of Georgia
Claim. Practice in the Superior Court. Eraud. Debtor and creditor. New trial. Before Judge Hillyer. Eulton Superior Court. October Term, 1877. Powell brought ease against W. F. Westmoreland for a tort, and recovered a judgment. The execution was levied on certain property which was claimed by J. G. Westmore-Iand, trustee for the wife and children of defendant in fi.fa., under a trust deed of gift from the latter.
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Claim. Practice in the Superior Court. Eraud. Debtor and creditor. New trial. Before Judge Hillyer. Eulton Superior Court. October Term, 1877. Powell brought ease against W. F. Westmoreland for a tort, and recovered a judgment. The execution was levied on certain property which was claimed by J. G. Westmore-Iand, trustee for the wife and children of defendant in fi.fa., under a trust deed of gift from the latter. The jury found for the claimant; plaintiff moved for a new trial on the following grounds: 1,2, and 3. Because the verdict is contrary to law, evidence, and the charge of the court.…
1Opinion of the Court
Jackson, Judge.
This case was before us at the last term, and we tried so •to settle the law of it that all should acquiesce in the verdict when rendered again. The jury has found the property not subject a second time. The charge of the court as a whole is unexceptionable; its whole tone and spirit is right, and the issues were fairly and fully laid before the jury. The jury was a fair and an impartial one; no exception in any way has been taken to them as not “ omni exoeptione mayores/” it is the second verdict rendered in the same way, and it ought to stand unless some substantial…
2Cases cited2 opinions
- Bartlett v. RussellSupreme Court of Georgia · 1870
- Primrose v. BrowningSupreme Court of Georgia · 1877
3Cited by14 opinions
- Artrac Corp. v. Austin Kelley Advertising, Inc.Court of Appeals of Georgia · 1990
- In re ShoesmithCourt of Appeals for the Seventh Circuit · 1905
- Cohen v. ParishSupreme Court of Georgia · 1897
- Goodman v. LewisSupreme Court of Georgia · 1981
- Merrell v. BeckwithSupreme Court of Georgia · 1994
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