Legal Opinion

Benning v. Horkan

Supreme Court of Georgia

Decided July 14, 1904PublishedCited by 3 opinions

Complaint for land. Before Judge Mitchell. Colquitt superior court. December 12, 1903.

1Opinion of the CourtCandler, J.

1. In an action of ejectment, where the question of title is decided by the jury in favor of the defendant, inaccurate or erroneous rulings by the court as to the recovery of mesne profits will not afford a ground for a new trial.

2. The deed alleged to have been erroneously admitted in evidence not being set forth in the motion for a new trial in such a manner as to render it possible for this court to pass upon its admissibility without reference to other parts of the record, the ground of the motion assigning error on its admission in evidence will not be considered. Thompson v. American…

2Cases cited3 opinions

  1. Ray v. Home & Foreign Investment & Agency Co.Supreme Court of Georgia · 1899
  2. Thompson & Co. v. American Mortgage Co. of Scotland Ltd.Supreme Court of Georgia · 1899
  3. Horkan v. BenningSupreme Court of Georgia · 1900

3Cited by3 opinions

  1. Webb v. SimmonsCourt of Appeals of Georgia · 1908
  2. Benning v. HorkanSupreme Court of Georgia · 1905
  3. Hughes v. EtheridgeCourt of Appeals of Georgia · 1929

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