Legal Opinion

Abernathy v. Putnam

Court of Appeals of Georgia

Decided March 14, 1952No. 33741PublishedCited by 2 opinions

1Opinion of the CourtGardner, P.J.

1. In the first amended ground of the motion for new trial, the plaintiff says that the court erred in charging the jury, “that the plaintiff in this case enters on the trial of the case with the burden of proof on him to prove to you by a preponderance of the evidence the correctness of his conten*649tions.” This charge was not error. The defendants did not admit, by their pleadings or otherwise, a prima facie case in the plaintiff. See Standard Paint & Lead Works v. Powell, 27 Ga. App. 691 (2) (109 S. E. 513). If the plaintiff had desired a fuller and more complete charge to the jury on the…

2Cases cited8 opinions

  1. Alford v. DavisCourt of Appeals of Georgia · 1918
  2. Collins v. FrazierCourt of Appeals of Georgia · 1919
  3. Shropshire v. HeardCourt of Appeals of Georgia · 1921
  4. Cox v. McKinleyCourt of Appeals of Georgia · 1912
  5. DeLay v. GaltSupreme Court of Georgia · 1914

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3Cited by2 opinions

  1. Stevens v. Fort Industries, Inc.Court of Appeals of Georgia · 1953
  2. E. H. Siler Realty & Business Broker, Inc. v. DartyCourt of Appeals of Georgia · 1977

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