Legal Opinion
Collins & Toole v. Crews
Court of Appeals of Georgia
Decided December 9, 1907No. 714PublishedCited by 11 opinions
Appeal, from Calhoun superior court — Judge Spence. July 9, 1907.
1Opinion of the CourtRussell, J.
The judge directed a verdict, and exception is taken thereto. As we held in Davis v. Kirkland, 1 Ga. App. 10 (58 S. E. 209), the power conferred by the Civil Code, §5331, is merely permissive and granted for the purpose of preventing a useless waste of time. The trial judge, therefore, directs a verdict at his peril. But there is no error if no other verdict could have been found than that directed. There was no error in directing a verdict in this case.
Crews sued Collins & Toole on open account. The defendants admitted a prima facie case and assumed the burden of proof. This gave the…
2Cases cited3 opinions
- Davis v. KirklandCourt of Appeals of Georgia · 1907
- Walton Guano Co. v. McCallSupreme Court of Georgia · 1900
- Wikle v. Louisville & Nashville RailroadSupreme Court of Georgia · 1902
3Cited by11 opinions
- Warnock v. ElliottCourt of Appeals of Georgia · 1957
- Rothberg v. Manhattan Coil Corp.Court of Appeals of Georgia · 1951
- Sloan v. GrollmanCourt of Appeals of Maryland · 1910
- Daffron v. SmockCourt of Appeals of Kentucky (pre-1976) · 1933
- Lorenz v. RousseauCalifornia Court of Appeal · 1927
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