Peacock, Chapman & Co. v. Peacock
Supreme Court of Georgia
New trial. Rule of Court. Before Judge James Johnson. Muscogee Superior Court. May Term, 1873. Benajah Peacock brought complaint against Peacock, Chapman & Company, on a due bill dated April 6th, 1871, payable to plaintiff or bearer, for $730 07. The defendants pleaded payment and set-off. The jury found for the plaintiff $8 50. The Court, on its own motion, set aside the verdict, because it was without evidence, and contrary to the charge, and ordered a new trial.
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New trial. Rule of Court. Before Judge James Johnson. Muscogee Superior Court. May Term, 1873. Benajah Peacock brought complaint against Peacock, Chapman & Company, on a due bill dated April 6th, 1871, payable to plaintiff or bearer, for $730 07. The defendants pleaded payment and set-off. The jury found for the plaintiff $8 50. The Court, on its own motion, set aside the verdict, because it was without evidence, and contrary to the charge, and ordered a new trial. To which the defendants excepted. To the bill of exceptions, the presiding Judge attached the following note: “The Court set…
1Opinion of the Court
Trippe, Judge.
It may be true, as certified by the Judge who tried the case, that the verdict was manifestly, palpably and directly against the charge of the Court, and the evidence, etc.; but the law requires certain things to be done before a verdict can be set aside. The party in whose favor the verdict is, has a right that the testimony shall be made out by the movant under the revision and approval of the Court: Forty-ninth rule Superior Court.
*597The coursé adopted by the Court would require the successful party to take this burden, in order to avail himself of the privilege of having the…
2Cited by1 opinion
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