Copeland v. Ruff
| Decision Date | 14 June 1917 |
| Docket Number | 8131. |
| Citation | 92 S.E. 955,20 Ga.App. 217 |
| Parties | COPELAND v. RUFF. |
| Court | Georgia Court of Appeals |
Syllabus by the Court.
Suit was brought in the superior court of Haralson county, and a plea was filed, alleging that the court did not have jurisdiction of the case, as it did not have jurisdiction of the person; it being alleged that the defendant was a resident of Cobb county. The issue was submitted to a jury, and the verdict was in favor of the plea. Plaintiff made a motion for a new trial on a number of grounds, but grounds 8, 9, and 13 only were approved. The motion was overruled, and plaintiff excepted.
The testimony objected to in the eighth ground related to matters about which documentary evidence and oral testimony was admitted without objection, and the admission of this testimony could not have harmed the plaintiff. Loeb v. State, 75 Ga. 258 (5); Luke v. Hill, 137 Ga. 159, 73 S.E. 345, 38 L.R.A. (N. S.) 559 (3).
The testimony objected to in the ninth and thirteenth grounds of the motion was not inadmissible for the reasons assigned. Besides, ground 9 of the motion, standing alone, is incomplete. Smiley v. Smiley, 144 Ga. 546, 87 S.E. 668 (2); Braxley v. State, 17 Ga.App. 197, 86 S.E. 425 (4).
The jury determined the issues of fact in favor of the plea of defendant; there is some evidence to support this finding; the court overruled the motion for a new trial, and this court will not interfere. See Ruff v. Copeland, 141 Ga. 805, 82 S.E. 250.
Error from Superior Court, Haralson County; A. L. Bartlett, Judge.
Action by S. S. Copeland against M. V. Ruff. Judgment for defendant, and plaintiff brings error. Affirmed.
C. E. Roop, of Carrollton, and Griffith & Matthews, of Buchanan, for plaintiff in error.
J. E. Mozley, of Marietta, and M. J. Head, of Tallapoosa, for defendant in error.
Judgment affirmed.
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