Legal Opinion

Davis v. Stephens

Court of Appeals of Georgia

Decided April 30, 1932No. 22136PublishedCited by 8 opinions

1Opinion of the CourtBroh.es, C. J.

1. Special grounds 5 and 8 of the motion for a new trial (complaining of the court’s refusal to give certain requested charges to the jury) are not in proper form for consideration, since it is not alleged in either ground that the requested charge was pertinent and applicable to the facts of the case. Ward v. Gardner, 35 Ga. App. 569 (134 S. E. 346).

2. The following charge was not error: “I charge you that the burden of proof in this case is on the plaintiff to make out his case by a preponderance of the evidence.”

3. The remaining special ground of the motion for a new trial (complaining of…

2Cases cited9 opinions

  1. Griffin v. HendersonSupreme Court of Georgia · 1903
  2. Hicks v. BrantleySupreme Court of Georgia · 1897
  3. Hartshorn v. SmithSupreme Court of Georgia · 1898
  4. Coleman v. AllenSupreme Court of Georgia · 1888
  5. Johnson v. MillerSupreme Court of Iowa · 1884

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Brown v. ScottCourt of Appeals of Georgia · 1979
  2. Powell v. CrowellCourt of Appeals of Georgia · 1940
  3. Sloan v. GlazeCourt of Appeals of Georgia · 1945
  4. McMillan v. Day Realty Associates, Inc.Court of Appeals of Georgia · 1980
  5. Harmon v. ReddingCourt of Appeals of Georgia · 1975

3 more not listed; retrieve them via the Exa API.

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