Malcolm v. Dobbs
Supreme Court of Georgia
Trover. Before Judge Gober. Cobb superior 'court. January 11, 1906. Mrs. Carrie Malcolm brought an action of trover against H. C. Dobbs, for the recovery of a described mahogany sideboard. The suit was brought to the November term, 1904, of the superior court of Cobb county, and was tried at the November term, 1905. At the ajipearance term the defendant filed a demurrer to the petition.
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Trover. Before Judge Gober. Cobb superior 'court. January 11, 1906. Mrs. Carrie Malcolm brought an action of trover against H. C. Dobbs, for the recovery of a described mahogany sideboard. The suit was brought to the November term, 1904, of the superior court of Cobb county, and was tried at the November term, 1905. At the ajipearance term the defendant filed a demurrer to the petition. Subject to this, his defense to the action was a general denial of the allegations of the petition, and title in himself by “open, notorious, uninterrupted, and peaceable possession” of the property, “under a…
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
1. As the main bill complains of the first grant of a new trial, we have carefully examined *the evidence contained in the record, to see whether it demanded the verdict in the plaintiff’s favor. In ■our opinion, whatever else may be said of the verdict, it was not demanded by the evidence. Consequently, the ease, on the main bill, falls within the well-established rule that this court will not disturb the first grant of a new trial, when the evidence did not •demand the verdict rendered by the jury.
*4902. When we come to the cross-bill it is unnecessary to considei* the…
2Cases cited1 opinion
- Mayor of Montezuma v. MinorSupreme Court of Georgia · 1884
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