Legal Opinion
McLendon v. City of LaGrange
Court of Appeals of Georgia
Decided October 6, 1933No. 23052PublishedCited by 19 opinions
1Opinion of the CourtBroyles, C. J.
1. “Where in a civil case the undisputed testimony clearly establishes a particular fact, it is not error for the judge, in his charge to the jury, to assume or indicate that the fact has been proved. To do so is not a violation of section 4863 of the Civil Code of 1910.” Watkins v. Stulb, 23 Ga. App. 181 (4) (98 S. E. 94), and cit. Applying this ruling to the facts of the instant case, there is no merit in the ground of the motion for a new trial complaining of an excerpt from the charge of the court.
2. “In a ground of a motion for a new trial, complaining of the illegal admission of…
2Cases cited5 opinions
- Baker v. Richmond City Mill WorksSupreme Court of Georgia · 1898
- Georgia Northern Railway Co. v. BattleCourt of Appeals of Georgia · 1918
- McCarthy v. LazarusSupreme Court of Georgia · 1911
- Watkins v. StulbCourt of Appeals of Georgia · 1919
- Davis v. McKenzie Motor Co.Court of Appeals of Georgia · 1932
3Cited by19 opinions
- Ellen L. Stapleton v. Kawasaki Heavy Industries, Ltd. And Kawasaki Motors Corp., U.S.A.Court of Appeals for the Fifth Circuit · 1979
- Hogan v. OliveraCourt of Appeals of Georgia · 1977
- Department of Transportation v. DriggersCourt of Appeals of Georgia · 1979
- Sammons v. CopelandCourt of Appeals of Georgia · 1952
- Southern v. Cobb CountyCourt of Appeals of Georgia · 1948
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