Hurst v. Coley
District Court, S.D. Georgia
At Law. On motion for a now trial and motion in arrest. The case is very fully reported in the written decision. To that report it may be added that the original declaration in the prescribed statutory form under the Code of Georgia, which is a substitute for the action of trover, alleged that the defendant, J. A. D. Coley, was in possession of certain written securities which had been turned over to him by plaintiff for collection for their account, etc.
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At Law. On motion for a now trial and motion in arrest. The case is very fully reported in the written decision. To that report it may be added that the original declaration in the prescribed statutory form under the Code of Georgia, which is a substitute for the action of trover, alleged that the defendant, J. A. D. Coley, was in possession of certain written securities which had been turned over to him by plaintiff for collection for their account, etc. The defendant filed an answer to the plaintiff’s ancillary proceeding for bail, in wbich he set up that he had collected a large amount of…
1Opinion of the CourtPardee, J.
The 29 grounds assigned for a new trial and in arrest of judgment in this case may be arranged under the following heads:(1) Error of the judge (a) in sustaining demurrer to defendant’s second plea; (6) in allowing plaintiff to amend by adding a second count; (c) in rejecting evidence; (d) in instructions given to the jury, and in neglecting to give certain instructions to the jury; (e) in allowing the plaintiff’s counsel to write out the verdict rendered in the case.(2) Error of the jury—the verdict being informal and illegal; and (a) contrary to law; (6) contrary to the evidence; (c)…
2Cited by2 opinions
- Godwin v. MitchellCourt of Appeals of Georgia · 1939
- Kelley v. SheehanCourt of Appeals of Georgia · 1940