Legal Opinion

Hornsby v. Jensen

Court of Appeals of Georgia

Decided May 20, 1913No. 4313PublishedCited by 2 opinions

Certiorari; from Fulton superior court—Judge Pendleton. May 23, 1912.

1Opinion of the CourtRussell, J.

The plaintiff in error insists that the judge of the superior court erred in sustaining the certiorari, and in thereby setting aside a second consecutive verdict in his favor. It is, of course, well settled that after two or more consecutive verdicts, the evidence is to be taken by the reviewing court, whether on certiorari or writ of error, most strongly in favor of the prevailing party. Windsor v. Cruse, 79 Ga. 635 (7 S. E. 141). In Harrigan v. Savannah &c. Railway Co., 84 Ga. 793, it was helcl that the court erred in setting aside the verdict in favor of the plaintiff, because no…

2Cases cited5 opinions

  1. Printup v. MitchellSupreme Court of Georgia · 1855
  2. Albany Phosphate Co. v. Hugger Bros.Court of Appeals of Georgia · 1908
  3. Clarke v. Alexander & WrightSupreme Court of Georgia · 1883
  4. Windsor v. CruiseSupreme Court of Georgia · 1887
  5. Harrigan v. Savannah, Florida & Western Railway Co.Supreme Court of Georgia · 1890

3Cited by2 opinions

  1. Booth v. StateSupreme Court of Georgia · 1925
  2. Smith v. StateCourt of Appeals of Georgia · 1918

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