Powell v. Bigley
Supreme Court of Georgia
Trover, &c., in Coweta Superior Court. Tried before Judge Hill, March Term, 1853. This was an action of Trover to recover certain negroes, brought by John Bigley against John B. Russell, since deceased, and whose administrator is the plaintiff in error. Russell had intermarried with the daughter of the plaintiff, and the negroes in question, had been sent to the house of defendant, and remained until his wife’s death, when this action was brought.
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Trover, &c., in Coweta Superior Court. Tried before Judge Hill, March Term, 1853. This was an action of Trover to recover certain negroes, brought by John Bigley against John B. Russell, since deceased, and whose administrator is the plaintiff in error. Russell had intermarried with the daughter of the plaintiff, and the negroes in question, had been sent to the house of defendant, and remained until his wife’s death, when this action was brought. Several witnesses were introduced by the plaintiff, who testified that when he sent the negroes to Russell, and at various times thereafter, he had…
1Opinion of the Court
By the Court.
Starnes, J.-
delivering the opinion.
[1.] In our opinion, there was error in the decision of the Court granting a new trial in this case, on the ground that the verdict was contrary to evidence.
We have repeatedly held, that a reviewing Court should not disturb the verdict of a jury, where there is some evidence on both sides, even though the verdict be against the strong preponderance of the testimony, unless that preponderance be so *43great as to be suggestive of improper bias, or gross misapprehension on the part of the jury, and that to an extent which shocks the understanding and…
2Cited by3 opinions
- Thompson v. HillCourt of Appeals of Georgia · 1977
- Wilkerson v. StateSupreme Court of Georgia · 2019
- Thompson v. FoutsSupreme Court of Georgia · 1948