Hawkins v. Kermode
Supreme Court of Georgia
Evidence. Verdict. Charge of court. Admissions. New trial. Before Judge Marshall J. Clarke. Eulton superior court. September term, 1889. Mrs. Kermode sued Hawkins on six promissory notes, five for $100 principal and one for $50, each dated Nov. 7, 1883, and payable Dec. 25,1884, and each expressing, as its consideration, real estate in the town of Bellwood.
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Evidence. Verdict. Charge of court. Admissions. New trial. Before Judge Marshall J. Clarke. Eulton superior court. September term, 1889. Mrs. Kermode sued Hawkins on six promissory notes, five for $100 principal and one for $50, each dated Nov. 7, 1883, and payable Dec. 25,1884, and each expressing, as its consideration, real estate in the town of Bellwood. The defendant pleaded that he was to receive from plaintiff $500 for improving the place in Bellwood, whereas he had received but $325 ; that after the improvements had been made (describing them), which was done in the spring of 1883, he…
1Opinion of the Court
Bleckley, Chief Justice.
1. The dispute between these two parties is one of fact altogether. The evidence at the trial was conflicting, and the jury thought proper to settle the conflict in favor of the plaintiff below and against the plaintiff in error here. The presiding judge was satisfied with their finding, and we can see nothing in the record to warrant us in overruling his decision. Taking the evidence most strongly for the prevailing party, as we have to do, the verdict was neither contrary to evidence nor contrary to law.
2. The court’s charge to the jury is set -out in full, and it…
2Cited by9 opinions
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- Cox v. NorrisCourt of Appeals of Georgia · 1944
- Wrightsville & Tennille Railroad v. LattimoreSupreme Court of Georgia · 1903
- Banks v. BradwellSupreme Court of Georgia · 1913
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