Legal Opinion

Harris v. Georgia National Bank

Supreme Court of Georgia

Decided September 29, 1920No. 1737Published

Complaint for land. Before Judge Smith. Motion for new trial before Judge Hutcheson. Newton superior court. October 11, 1919. B. C. Harris died on December 24, 1913. His heirs at law were J. L. Harris, J. W. Harris, and Mrs. Etta Reynolds. He owned the land in controversy, subject to a deed whereby he had conveyed it as security for a note to Mrs Maude Thompson.

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Complaint for land. Before Judge Smith. Motion for new trial before Judge Hutcheson. Newton superior court. October 11, 1919. B. C. Harris died on December 24, 1913. His heirs at law were J. L. Harris, J. W. Harris, and Mrs. Etta Reynolds. He owned the land in controversy, subject to a deed whereby he had conveyed it as security for a note to Mrs Maude Thompson. J. W. Harris obtained temporary letters of administration, collected $2000 on a life-insurance policy, paid all the known debts other than that of Mrs. Thompson, and distributed equally among the three heirs the remainder of the…

1Opinion of the CourtBeck, P. J.

1. The evidence offered upon the trial by the plaintiff in error, to the exclusion of which exception is taken in certain grounds of the motion for a new trial, was properly excluded by the court.

2. Under the evidence in the ease no judgment other than that rendered by the court, to whom the entire case was submitted without the intervention of a jury, could properly have been rendered.

Judgment affirmed.

All the Justices concur. The judge (hearing the case by consent without a jury) rendered judgment for the defendant. A motion for new trial was overruled, and the plaintiff excepted. In…

2Cases cited11 opinions

  1. Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
  2. Sewell v. HollandSupreme Court of Georgia · 1878
  3. McCowan v. BrooksSupreme Court of Georgia · 1901
  4. Park v. MullinsSupreme Court of Georgia · 1906
  5. Holt v. AndersonSupreme Court of Georgia · 1896

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