Auld v. City of Elberton

• Court: Georgia Court of Appeals
• Writing for the Court: HILL, J.
• Citation: Auld v. City of Elberton, 27 Ga.App. 723, 110 S.E. 243 (Ga. App. 1921)
• Decision Date: 29 November 1921
• Docket Number: 12631,12645.
• Parties: AULD v. CITY OF ELBERTON. CITY OF ELBERTON v. AULD.

110 S.E. 243

27 Ga.App. 723

AULD v. CITY OF ELBERTON.

CITY OF ELBERTON v. AULD.

Nos. 12631, 12645.

Court of Appeals of Georgia, Second Division

November 29, 1921

Syllabus by the Court.

The judgment of the trial court granting new trial was based specially upon two grounds of the motion therefor. It was the first grant of a new trial. It not appearing that no other verdict than the one rendered could possibly have been rendered under the law and the facts of the case, this court will not reverse the judgment. Parks v. Stevens, 21 Ga.App. 180, 94 S.E. 60.

There was no harmful error in any of the portions of the charge of the court excepted to in the cross-bill of exceptions, nor was there any merit in the other assignments of error therein.

Error from Superior Court, Elbert County; W. L. Hodges, Judge.

Action by W. N. Auld against the City of Elberton. Judgment for the City, and Auld brings error, and the City files a cross-bill of exceptions. Affirmed on both bills of exceptions.

See also, 150 Ga. 666, 104 S.E. 640.

Geo. C Grogan and H. B. Payne, both of Elberton, for plaintiff in error.

W. A Nall and Tutt & Brown, all of Elberton, for defendant in error.

HILL J.

Judgment on both bills of exceptions affirmed.

JENKINS P.J., and STEPHENS, J.,...