McBurney v. Hollingsworth
Supreme Court of Georgia
Motion for New Trial. Assignment of errors. Before Judge Cole. Bibb Superior Court. Máy Term, 1869. McBurney sued Hollingsworth upon a draft, and for money had and received. The plea was payment, and on that issue evidence, pro and con, was introduced. After argument, and a charge from the Court, the jury found for the defendant.
Read the full summary
Motion for New Trial. Assignment of errors. Before Judge Cole. Bibb Superior Court. Máy Term, 1869. McBurney sued Hollingsworth upon a draft, and for money had and received. The plea was payment, and on that issue evidence, pro and con, was introduced. After argument, and a charge from the Court, the jury found for the defendant. A new trial was moved for, upon the grounds that said verdict was contrary to law, and strongly and decidedly against the weight of'the evidence, and because the jury, being unable to agree, adopted a two-thirds rule, and thus came to said verdict. This was unknown…
1Opinion of the CourtMcCay, J.
We are inclined to think that the weight of evidence in this case was against the verdict, but not so manifestly and grossly so as to make it the duty of this Court to overrule the discretion of the Judge in refusing a' new trial. As we have so often said, a new trial, by this Court, on the ground of error in the jury in finding-contrary to the testimony, must be founded on an abuse by the Judge below of his discretion. The statute in such cases gives him discretion : Code, 3666. Surely this means something. It is not sufficient to justify the interference of this Court that the verdict is…
2Cited by2 opinions
- Clark v. AenchbacherCourt of Appeals of Georgia · 1977
- WH MULHERIN CONSTRUCTION COMPANY v. BettertonCourt of Appeals of Georgia · 1975