Garrett v. Atlanta Home Underwriters

1. In a trover suit, where there is an allegation and proof as to the value of the property, the plaintiff, after the close of the argument and before the case is submitted to the jury, may elect to take a money verdict and the defendant can not complain upon the ground that the election is too late and that he had not been given an opportunity to argue the question of value to the jury. Especially is this true when the defendant made no objection when the election was made. Holland v. Lawrence, 147 Ga. 479 (94 S. E. 561); Young v. Durham, 15 Ga. App. 678 (84 S. E. 165).

2. Where the plaintiff…