Reedy v. Brunner & Co.
Supreme Court of Georgia
Practice in the Supreme Court. Charge of Court. New trial. Estoppel. Before Judge Crawford. Talbot Superior Court. March Term, 1877. Brunner & Co. brought complaint against Reedy on a note dated February 6, 1871, payable three days after date to Thomas Reedy or bearer,, for $102.21. The defendant pleaded the general issue — failure and want of consideration. The material facts developed by the testimony are stated in the opinion. The jury found for the plaintiffs.
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Practice in the Supreme Court. Charge of Court. New trial. Estoppel. Before Judge Crawford. Talbot Superior Court. March Term, 1877. Brunner & Co. brought complaint against Reedy on a note dated February 6, 1871, payable three days after date to Thomas Reedy or bearer,, for $102.21. The defendant pleaded the general issue — failure and want of consideration. The material facts developed by the testimony are stated in the opinion. The jury found for the plaintiffs. The defendant moved for a new trial, because the verdict was contrary to the law and the evidence. The motion was overruled and he…
1Opinion of the Court
Bleckley, Judge.
1. The Code (section 1251) requires that the errors alleged shall be plainly specified. Where the charge of the court consists of numerous propositions, a general exception to the whole charge is sustainable only where the entire charge is erroneous — where the charge is a mass of error, with no leaven of truth. This has been ruled several times — 11 Ga., 101, and subsequent cases. Such an exception. makes the single question whether the whole charge is erroneous.
*1092. If tbe jury believed the testimony most favorable to the plaintiffs below (and they evidently did), the verdict…
2Cases cited3 opinions
- Watson's Executors v. McLarenNew York Supreme Court · 1838
- Hoskins v. StateSupreme Court of Georgia · 1852
- Sargeant v. SargeantSupreme Court of Vermont · 1846
3Cited by4 opinions
- Binion v. Georgia Southern & Florida Ry. Co.Supreme Court of Georgia · 1903
- Pausch v. GuerrardSupreme Court of Georgia · 1881
- Freeny v. HallSupreme Court of Georgia · 1894
- Fairview Terrace, Inc. v. RobertsSupreme Court of Georgia · 1959