Legal Opinion

Dial v. Peoples Loan Incorporated.

Court of Appeals of Georgia

Decided March 7, 1942No. 29472PublishedCited by 1 opinion

1Opinion of the CourtFelton, J.

The authority granted to the appellate division of the civil court of Fulton County by the act of 1925 (Ga. L. 1925, pp. 370, 382, § 41) to render final judgments on appeal of cases to it confers authority to render a final judgment which is demanded as a matter of law. The act does not purport to authorize the appellate division to act as a jury and decide disputed issues of fact which is the province of a jury or a judge trying the case without a jury. The appellate division has no authority to enter a final judgment contrary to that of the trial court on a question of disputed facts.

The…

2Cases cited4 opinions

  1. Raleigh & Gaston Railroad v. LoweSupreme Court of Georgia · 1897
  2. Atlanta National Bank v. BatemanCourt of Appeals of Georgia · 1918
  3. Hill v. O'NeillSupreme Court of Georgia · 1897
  4. Washington Loan & Banking Co. v. HollidayCourt of Appeals of Georgia · 1921

3Cited by1 opinion

  1. Mitchell v. StateSupreme Court of Georgia · 2020

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API