Payne v. Holt
Supreme Court of Georgia
New trial. Before Judge "Wright. Dougherty Superior Court. April adjourned Term, 1878. On September 2-2d, 1876, James E. Holt sued out a distress warrant against Bush Payne, alleging in his affidavit that the latter was indebted to him in the sum of $230.00 for rent of the Peak plantation, to be paid as soon as corn and cotton is and can be gathered; that Payne was seeking to remove, and was removing his property and goods from the premises, etc.
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New trial. Before Judge "Wright. Dougherty Superior Court. April adjourned Term, 1878. On September 2-2d, 1876, James E. Holt sued out a distress warrant against Bush Payne, alleging in his affidavit that the latter was indebted to him in the sum of $230.00 for rent of the Peak plantation, to be paid as soon as corn and cotton is and can be gathered; that Payne was seeking to remove, and was removing his property and goods from the premises, etc. A levy was made, illegality filed — -denying tenancy and indebtedness — and replevy bond given. The jury found for the plaintiff $75.00. The…
1Opinion of the Court
Bleckley, Justice.
It is not often that a case is tried where there is not more or less conflict in the evidence. One of the chief functions of the jury, is to deal with and settle such conflict as there *356may happen to be. The verdict is always a sure index to the mind of the jury as to where the truth really lies. In this case, the jury found for the plaintiff only $75.00, and such a verdict was, we think, warranted by the testimony. The plaintiff had rented or obtained control of the premises from James, and being thus possessed of them, he sublet them to Payne, the defendant, the terms being…
2Cases cited1 opinion
- Toler v. SeabrookSupreme Court of Georgia · 1869
3Cited by3 opinions
- Daniel v. HarrisSupreme Court of Georgia · 1890
- International Agricultural Corp. v. PowellCourt of Appeals of Georgia · 1923
- Sapp v. ElkinsSupreme Court of Georgia · 1906