Alabama Great Southern Railroad v. Austin

1. Where the final determination of a case tried in a justice’s court, and carried by certiorari to the superior court, does not necessarily depend upon a controlling question of law, and there are issues of fact involved, the superior court has no authority to render a final judgment therein, although it may clearly appear from the facts disclosed by the record that the verdict rendered in the lower court was without evidence to support it. Civil Code, § 4652; Rogers v. Georgia Railroad Co., 100 Ga. 699; Almand v. Georgia Railroad Co., 102 Ga. 151; Pinkston v. White, Id. 561; Johnson & Co.…