Brown v. Eaton-Saussy & Co.

1. This being a suit in the city court of Brunswick, the trial judge would have had power and authority to hear and determine the ease without a jury, since neither party demanded a jury trial (Ga. L. 1895, p. 374, § 14), but he was not absolutely required to do so, and since the trial was in fact before a jury, it was improper to direct a verdict in favor of either of the parties unless such verdict was demanded by the law and the evidence. Central Railroad v. Gleason, 69 Ga. 200 (3); Hardy v. Boyer, 7 Ga. App. 472 (2) (67 S. E. 205). The present case is distinguished from Hargrett v. Jolly,…