Waxelbaum & Co. v. Limberger
Supreme Court of Georgia
New Trial. Evidence. Practice in Supreme Court. Before Judge Simmons. Sumter Superior Court. October Adjourned Term, 1885. David Limberger brought suit against J. Waxelbaum & Company, in Sumter county court, alleging that he had been employed at a salary of $1,000 per annum, and had been discharged after about four months’ service. The suit was brought for a month’s salary succeeding the time of discharge.
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New Trial. Evidence. Practice in Supreme Court. Before Judge Simmons. Sumter Superior Court. October Adjourned Term, 1885. David Limberger brought suit against J. Waxelbaum & Company, in Sumter county court, alleging that he had been employed at a salary of $1,000 per annum, and had been discharged after about four months’ service. The suit was brought for a month’s salary succeeding the time of discharge. The defendants pleaded (1) the general issue; (2) that the plaintiff failed and refused to comply with his contract of service, neglecting to perform reasonable and proper instructions of…
1Opinion of the Court
Hall, Justice.
1. The evidence on the material questions in this case was directly conflicting, and no abuse of discretion can be imputed to the court for refusing to grant a new trial upon the first and second grounds of the motion, which complained that the verdict was contrary to evidence and the weight of evidence, without evidence to support it, against the principles of equity and justice and contrary to law.
2. Nor do we think that the defendants can complain because they were not allowed to set off the wages earned by the plaintiff in the interval between the date of his discharge from…
2Cited by2 opinions
- Stripling v. CalhounCourt of Appeals of Georgia · 1958
- Cox, Hill & Thompson v. BeardenSupreme Court of Georgia · 1890