Legal Opinion

Atlantic Coast Line Railroad v. Shuman

Supreme Court of Georgia

Decided October 17, 1904PublishedCited by 5 opinions

Certiorari. Before Judge Seabrook. Liberty superior court. February 3, 1904.

1Opinion of the CourtSimmons, C. J.

“When the only error alleged in a petition for certiorari is that the verdict therein complained of is contrary to law and to the evidence, and it appears that the evidence demanded a verdict for the plaintiff in certiorari, the superior court should, of course, sustain the certiorari; hut it is erroneous in such a case, though there he no conflict in the evidence, to render a final judgment in his favor.” Holmes v. Pye, 107 Ga. 784; Patterson v. Railway Co., 117 Ga. 827.

Judgment affirmed.

All the Justices concur.

2Cases cited2 opinions

  1. Holmes v. Pye & Co.Supreme Court of Georgia · 1899
  2. Patterson v. Central of Georgia Railway Co.Supreme Court of Georgia · 1903

3Cited by5 opinions

  1. Whiddon v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1917
  2. Pittman v. AlexanderCourt of Appeals of Georgia · 1917
  3. State v. JohnsonCourt of Appeals of Georgia · 1917
  4. Lewallen v. Dalton Auto & Machinery Co.Court of Appeals of Georgia · 1938
  5. Strickland v. StricklandSupreme Court of Georgia · 1927