Blevins Aircraft Corp. v. Gardner

• Decision Date: 27 January 1943
• Docket Number: No. 29831.,29831.
• Citation: 24 S.E.2d 144
• Parties: BLEVINS AIRCRAFT CORPORATION. v. GARDNER.
• Court: Georgia Court of Appeals

24 S.E.2d 144

BLEVINS AIRCRAFT CORPORATION.

v.GARDNER.

No. 29831.

Court of Appeals of Georgia, Division No. 2.

Jan. 27, 1943.

Error from Civil Court, Fulton County; Robert Carpenter, Judge.

Action by the Blevins Aircraft Corporation against I. Gibson Gardner, who filed a cross-action for a greater sum than the amount sued for. Judgment vacating a judgment for plaintiff in the principal action, and plaintiff brings error. Affirmed.

Mose S. Hayes, of Atlanta, for plaintiff in error.

Powell, Goldstein, Frazer & Murphy and James K. Rankin, all of Atlanta, for defendant in error.

Syllabus Opinion by the Court.

SUTTON, Judge.

1. Where plaintiff brought suit against the defendant for a stated amount and the latter filed a cross-action to recover a greater sum, and the court directed a' verdict for the defendant on his cross-action, and the jury to whom the principal action was submitted returned a verdict finding in favor of the plaintiff in the sum of $150 and, as directed by the court, also finding in favor of the defendant on his cross-action in the sum of $2,075, principal and interest, and one judgment, in favor of the defendant, was entered for the difference between the two sums, and this court, on an appeal brought by the plaintiff in the principal action (66 Ga.App. 843, 19 S.E.2d 350) reversed, without direction, the judgment of the trial court for the reason that the issue as made by the cross-action should have been submitted to the jury, the effect of the judgment of this court, without direction, was not to cause a final judgment to be entered in the trial court but to set aside in toto the judgment of the trial court as rendered and to grant a new trial. Woods v. Jones, 56 Ga. 520; Anderson v. Clark, 70 Ga. 362, 363 (2); Lyon v. Lyon, 103 Ga. 747, 750, 30 S.E. 575; United States Fidelity, etc, Co. v. Clarke, 187 Ga. 774, 782, 2 S.E.2d 608); Union Central Life Ins. Co. v. Trundle, 65 Ga.App. 553, 556, 15 S.E.2d 909.

2. Accordingly, where upon the filing in the trial court of the remittitur from this court reversing, without direction, a judgment as reported in 66 Ga.App. 843, 19 S.E.2d 350, the trial court entered up a final judgment for $150 in favor of the plaintiff in the principal action, and the defendant, who had obtained a judgment in the trial court for the difference between the sum found in its favor by the jury, as directed by the trial court. and the sum which it found in favor of the plaintiff, filed, within the statutory period (Code, ...