Ellis v. Spell
Court of Appeals of Georgia
Money rule; from Jeff Davis superior court—Judge Highsmith. March 35, 1916.
1Opinion of the CourtBioodwoeth, J.
Where there is a motion for a new trial and no error of law has been committed, and only questions of fact are involved, “the presiding judge may exercise a sound discretion in granting or refusing a new trial.” Civil Code (1910), § 6087. But this court has no such discretion. Where no error of law has been committed, the court can not interfere unless the trial judge has abused the discretion given him by the law. Where the jury has passed upon a question of fact, and this only is involved, it is the fixed policy of this court not to interfere *348with the verdict if there is any evidence to…
2Cases cited6 opinions
- Wilson v. BarnardCourt of Appeals of Georgia · 1911
- Randall v. BellCourt of Appeals of Georgia · 1913
- Southern Fertilizer & Chemical Co. v. PeacockCourt of Appeals of Georgia · 1917
- Wood v. Southern Express Co.Supreme Court of Georgia · 1895
- Harris v. Central of Georgia Railway Co.Supreme Court of Georgia · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Williams v. RoweCourt of Appeals of Georgia · 1921
- Skipper v. OverallCourt of Appeals of Georgia · 1933
- Insurance Co. of Pennsylvania v. EubanksCourt of Appeals of Georgia · 1919