Dye v. Denham
Supreme Court of Georgia
Damages. Charge of Court. Immaterial error. New trial. Before Judge Gibson. Richmond Superior Court. April . Term, 1874. On the 7th day of December, 1872, Denham made affidavit that on the 25th of November, 1871, by contract in writing annexed, Dye rented from him the “Egypt plantation,” for the year 1872, and agreed to pay him, as rent, half of everything made on the plantation, which he has failed to do, and that he was seeking to remove the crop from the premises; that…
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Damages. Charge of Court. Immaterial error. New trial. Before Judge Gibson. Richmond Superior Court. April . Term, 1874. On the 7th day of December, 1872, Denham made affidavit that on the 25th of November, 1871, by contract in writing annexed, Dye rented from him the “Egypt plantation,” for the year 1872, and agreed to pay him, as rent, half of everything made on the plantation, which he has failed to do, and that he was seeking to remove the crop from the premises; that Dye was indebted to him for his half interest in the crop as landlord, and for such advances as have been furnished by him…
1Opinion of the Court
McCay, Judge.
1, 2. It is the settled policy of this state that a judge shall not, either in his charge or in the progress of the cause, express to the jury his opinion upon what has been proven. If he do so, it is made the duty of this court, if the judge below refuses to grant a new trial, to order one with such directions as this court may lawfully grant: Code, section 3248. That the judge did this, in this case, is unquestionable. He called their attention to the evidence as to the advice of Mr. Miller, and after saying that one who, in good faith, acted under the advice of a respectable…
2Cited by3 opinions
- Savannah, Florida & Western Railway v. HarperSupreme Court of Georgia · 1883
- Shores v. BrooksSupreme Court of Georgia · 1888
- Scarborough v. Goldsmith Jr.-Grant Co.Court of Appeals of Georgia · 1920