Collins v. Mobile Fruit & Trading Co.

• Citation: 32 S.E. 667,108 Ga. 752
• Parties: COLLINS et al. v. MOBILE FRUIT & TRADING CO.
• Decision Date: 17 March 1899
• Court: Supreme Court of Georgia

32 S.E. 667

108 Ga. 752

COLLINS et al. v. MOBILE FRUIT & TRADING CO.

Supreme Court of Georgia

March 17, 1899

Syllabus by the Court.

This case presents no question of law, and no error is alleged, except the refusal of the court below to grant a new trial. The evidence, though conflicting, fully warranted the verdict, and the trial judge was satisfied with the same. In view of the long-established and unvarying rule applicable in such cases, there was no good reason for anticipating a reversal of the judgment below, and consequently the case must have been brought to this court for the purpose of delay only. Accordingly, on motion of counsel for defendant in error, 10 per cent. damages are awarded in its favor against the plaintiffs in error. In future, this court will, in similar cases, award damages for delay, whether asked for or not.

Error from superior court, Chatham county; R. Falligant, Judge.

Action by the Mobile Fruit & Trading Company against Collins, Grayson & Co. Judgment for plaintiff, and defendants bring error. Affirmed.

Charlton, Mackall & Anderson, for plaintiffs in error.

W. W. Gordon, Jr., for defendant in error.

PER CURIAM.

Judgment affirmed, with damages.