Cooper v. Bowen

• Decision Date: 15 May 1913
• Citation: 78 S.E. 413,140 Ga. 45
• Parties: COOPER v. BOWEN.
• Court: Georgia Supreme Court

78 S.E. 413

140 Ga. 45

COOPER v. BOWEN.

Supreme Court of Georgia

May 15, 1913

Syllabus by the Court.

A plaintiff, alleging herself to be the surviving partner of a partnership, brought a suit in trover to recover property as belonging to the firm. Subsequently the same plaintiff filed a suit in equity against the same defendant to recover other property of the partnership, praying an accounting, a receiver, and a merger of the trover suit in the equitable action. Held, that it was not error to consolidate the former suit with the equitable action.

A verdict rendered in the equity suit in favor of the plaintiff for "$750, with interest," is not void. There being no specific allegations in the pleadings for the recovery of any particular sum, with interest from a particular time, which would serve to impress the verdict as having relation to fixing interest on the amount recovered from a particular date, the verdict will be construed as a recovery of interest from the date of the verdict.

A defendant cannot complain that the plaintiff's verdict is for a less amount than authorized by the evidence.

The verdict is supported by the evidence.

Assignments of error upon the rulings on demurrer and the allowance of an amendment were not discussed in the brief, and will be treated as abandoned.

Error from Superior Court, Dodge County; J. H. Martin, Judge.

Action by Mrs. N. R. Bowen against G. W. Cooper. Judgment for plaintiff, defendant brings error. Affirmed.

W. M. Clements, of Eastman, and W. L. & Warren Grice, of Hawkinsville, for plaintiff in error.

W. M. Morrison, of Eastman, and Eschol Graham, of McRae, for defendant in error.

EVANS, P.J.

Judgment affirmed. All the Justices concur.