Shewmake v. Executors of Jones
Supreme Court of Georgia
Bill for discovery, etc. Motion for new trial. Decided by Judge Hook. Burke Superior Court. May Term, 1866. As all the assignments of error in this case, except one, are virtually that the verdict was wrong under the evidence, and as the other was based on an alleged refusal to charge what the Judge was willing to charge but omitted by oversight, it is unnecessary to know more of the ease than appears by the following opinion.
1Opinion of the CourtHarris, J.
1. The whole matter in this cause, arising upon the devise of a plantation and the fixing of its boundaries, being exclusively one of fact and for the determination of the jury, and such fact being found against the complainants and upon testimony enough to support the verdict, we cannot, upon either principle or precedent, be justified in interfering with this verdict by granting the new trial asked.
2. The accidental omission by the presiding Judge over the trial, to give in charge the requests made by complainants •counsel, does not furnish a sufficient grouhcl for a new trial. If the…
2Cited by4 opinions
- Haiman & Brother v. Moses & GerrardSupreme Court of Georgia · 1869
- Woodard v. StateCourt of Appeals of Georgia · 1955
- Street v. LynchSupreme Court of Georgia · 1869
- Allen v. StateSupreme Court of Georgia · 1942