Bridges v. Williams
Supreme Court of Georgia
Equitable petition. Before Judge Worrill. Decatur superior court. August 21, 1917. (See ante, 99.)
1Opinion of the CourtAtkinson, J.
1. Where the statute of frauds was not pleaded, and there was no demurrer, motion for nonsuit, or objection to testimony, so as to invoke a ruling in the court below on that subject, this court will not grant a new trial on the ground that the verdict is contrary to law because it appears that the contract sought to be enforced should have been in writing. Johnson v. Latimer, 71 Ga. 470 (3).
2. The failure of the court to instruct the jury upon a contention of one of the parties not raised by the pleadings, although authorized by some evidence in the record, is not cause for a new trial.…
2Cases cited2 opinions
- Johnson v. J. S. &. W. H. LatimerSupreme Court of Georgia · 1884
- McLean v. MannSupreme Court of Georgia · 1918
3Cited by13 opinions
- City of Brunswick v. GlogauerSupreme Court of Georgia · 1924
- Neely v. SheppardSupreme Court of Georgia · 1938
- Patillo v. ThompsonCourt of Appeals of Georgia · 1962
- Threlkeld v. WhiteheadCourt of Appeals of Georgia · 1957
- Mack v. PardeeCourt of Appeals of Georgia · 1929
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