Duggan v. Metropolitan Life Ins. Co.

• Decision Date: 10 May 1932
• Docket Number: 22112.
• Citation: 164 S.E. 415,45 Ga.App. 256
• Parties: DUGGAN v. METROPOLITAN LIFE INS, CO.
• Court: Georgia Court of Appeals

164 S.E. 415

45 Ga.App. 256

DUGGAN v. METROPOLITAN LIFE INS, CO.

No. 22112.

Court of Appeals of Georgia, First Division

May 10, 1932

Syllabus by the Court.

Special ground of motion for new trial, since not complete and understandable within itself, presented nothing for review.

The verdict in this case was properly directed by the court, and for no reason assigned will the case be reversed.

Error from Superior Court, Pulaski County; Eschol Graham, Judge.

Suit by the Metropolitan Life Insurance Company against David E. Duggan. Judgment for plaintiff, defendant's motion for a new trial was overruled, and defendant brings error.

Affirmed.

H. E. Coates, of Hawkinsville, for plaintiff in error.

A. M. Hitz, of Atlanta, and Jay & Garden, of Fitzgerald, for defendant in error.

LUKE, J.

In a suit brought in the superior court of Pulaski county by Metropolitan Life Insurance Company against David E. Duggan for the recovery of the balance due on a promissory note, after all the evidence upon behalf of the parties had been introduced, the trial judge directed a verdict in favor of the plaintiff. Defendant presented a motion for a new trial, which, as amended, was based upon the usual general grounds and two special grounds. The motion for a new trial having been overruled, the defendant excepted, and brought the case here for review.

Beyond doubt, as we think, the evidence demanded a verdict in favor of the plaintiff. Hence the general grounds of the motion for a new trial, as well as the second special ground, which is general in its nature, were properly overruled.

The other special ground of the motion presents no question for decision by this court, since it is not complete and understandable within itself.

Judgment affirmed.

BROYLES, C.J., and JENKINS, P.J., concur.