Mitchell v. Printup
Supreme Court of Georgia
Assumpsit, from Floyd county. Tried before Judge Hammond, at August Term, 1858. This was an action by Printup against Mitchell. The jury returned the following verdict: “ We the jury find for the defendant three hundred and fifty dollars, with costs of suit; and find further, that the plaintiff has one-half interest in the Buena Vista property, and entitled to one-half of the rent from the time Mrs, M. Á. Choice left the property, up to the present time.”
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Assumpsit, from Floyd county. Tried before Judge Hammond, at August Term, 1858. This was an action by Printup against Mitchell. The jury returned the following verdict: “ We the jury find for the defendant three hundred and fifty dollars, with costs of suit; and find further, that the plaintiff has one-half interest in the Buena Vista property, and entitled to one-half of the rent from the time Mrs, M. Á. Choice left the property, up to the present time.” Plaintiff moved for a new trial, on the grounds, that the verdict was illegal, uncertain and void, and could not be enforced, and was…
1Opinion of the Court
By the Court.
McDonald J.
delivering the opinion.
There are nineteen grounds in the motion for a new trial. The Court granted a new trial on the first ground taken in the motion, viz: that the verdict of the jury is illegal and void, and cannot be enforced. This was an action on the law side of the Court, and there is no process known to, or used in, a Court of law, by which the verdict, as found by the jury, can be enforced. The suit was instituted for the recovery of a sum claimed to be due to the plaintiff from the defendant in the Court below, for work done, materials furnished, and cash…
2Cited by11 opinions
- Smith v. PilcherSupreme Court of Georgia · 1908
- Thompson v. IngramSupreme Court of Georgia · 1970
- English v. OliverSupreme Court of Arkansas · 1873
- Darien & Western Railroad v. McKaySupreme Court of Georgia · 1909
- Livsey v. County of WaltonCourt of Appeals of Georgia · 1933
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