Almand v. Maxwell
Supreme Court of Georgia
Certiorari. Before Judge Lumpkin. Fulton superior court. March term, 1896. J. K. Maxwell sued Mrs. Mattie B. Ahnand upon an account for $63.50, made up of numerous items consisting mainly of amounts due for work done on vehicles.
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Certiorari. Before Judge Lumpkin. Fulton superior court. March term, 1896. J. K. Maxwell sued Mrs. Mattie B. Ahnand upon an account for $63.50, made up of numerous items consisting mainly of amounts due for work done on vehicles. She pleaded, that she was not indebted to him in any sum, but that he was indebted to her $140 as the value of a surrey and .two delivery wagons, less credits for work done amounting to $5J, leaving due her by him a balance of $83, for which .she prayed judgment. The case was tried by a jury in a justice’s court, and on conflicting evidence a verdict was rendered in…
1Opinion of the CourtAtkinson, J.
The superior courts have no power by writ of certiorari to award new trials in inferior judicatories upon the ground of alleged newly discovered evidence. The verdict of the jury in the present case was supported 'by the evidence. No error of law was committed, as appears from (the record, and the judge did not err in overruling tihe certiorari.
Judgment affirmed.
All the Justices concurring. Maddox & Terrell and $. D. Jtilmson, for plaintiff in •error. 'Oowrtland S. Winn, contra.
2Cited by2 opinions
- Caswell v. StateCourt of Appeals of Georgia · 1909
- Laffitte v. StateSupreme Court of Georgia · 1898