Harris v. Nichols
Supreme Court of Georgia
Certiorari, from Catoosa Superior Court. Decision by-Judge Trippe, at May Term, 185S. Jack Harris, the plaintiff in error, brought suit in a Justice's Court against J. B. Nichols, on a thirty dollar note. Up- ‘ on the trial on appeal, in the Justice’s Court, the jury found for the defendant, and plaintiff excepted to said verdict, and applied for a certiorari, on the following grounds: 1st. Because the jury found contrary to the evidence. 2d.
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Certiorari, from Catoosa Superior Court. Decision by-Judge Trippe, at May Term, 185S. Jack Harris, the plaintiff in error, brought suit in a Justice's Court against J. B. Nichols, on a thirty dollar note. Up- ‘ on the trial on appeal, in the Justice’s Court, the jury found for the defendant, and plaintiff excepted to said verdict, and applied for a certiorari, on the following grounds: 1st. Because the jury found contrary to the evidence. 2d. Because the jury found contrary to law. 3d. Because the Justice permitted the defendant to prove a contract that had been abandoned by both parties, and…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] The record furnishes no evidence that the return of the Magistrates is not full and complete. It does not sustain the petition of the plaintiff, but inasmuch as it is not controverted by affidavits, and inasmuch as there was no affidavit that the answer was not full and complete, to sustain the motion to answer more fully, the presiding Judge in the Court below, must be supported in the view he took of that branch of the case. The Magistrates say that they attach a copy of their proceedings and the evidence, which must be taken, as true,…
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