Burkhalter v. Oliver
Supreme Court of Georgia
Practice in Supreme Court. Trespass. Damages. Before Judge Eve. City court of Richmond county. Pebruary term, 1891. Oliver sued Burkhalter for damages from entering upon the land of Oliver, digging up and destroying his crop, excavating and removing the soil and causing embankments to be thrown up, thereby causing the water to be arrested in its flow off the land and to be dammed up on it.
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Practice in Supreme Court. Trespass. Damages. Before Judge Eve. City court of Richmond county. Pebruary term, 1891. Oliver sued Burkhalter for damages from entering upon the land of Oliver, digging up and destroying his crop, excavating and removing the soil and causing embankments to be thrown up, thereby causing the water to be arrested in its flow off the land and to be dammed up on it. The jury found for the plaintiff $200. The defendant moved for a new trial upon the grounds that the verdict was contrary to law, evidence, etc., and was excessive. The motion was overruled, and he…
1Opinion of the Court
Bleckley, Chief Justice.
1. Prior to the act of 1889, there had to be brought to this court a complete transcript of the record in the court below of the case to be reviewed, but that act restricts the transcript to such parts of the record as are specified in the bill of exceptions, and ho part is to be specified unless the same be material to a clear understanding of the errors complained of. Acts of 1889, p. 114. In the present case the bill of exceptions states that the trial below resulted in a verdict against the defendant for the sum of $200 ; and that a motion for a new trial was made…
2Cases cited2 opinions
- Baggett v. TrulockSupreme Court of Georgia · 1887
- Lewis & Son v. CleggSupreme Court of Georgia · 1891
3Cited by7 opinions
- Collinsville Granite Co. v. PhillipsSupreme Court of Georgia · 1905
- Continental Insurance v. WickhamSupreme Court of Georgia · 1900
- Stepp v. SteppSupreme Court of Georgia · 1943
- Williams v. FoucheSupreme Court of Georgia · 1927
- Caledonian Coal Co. v. Rocky Cliff Mining Co.New Mexico Supreme Court · 1911
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