Credit Clearing House Adjustment Corp. v. Stanfield
| Decision Date | 19 January 1931 |
| Docket Number | No. 20647.,20647. |
| Citation | 42 Ga.App. 562,156 S.E. 708 |
| Parties | CREDIT CLEARING HOUSE ADJUSTMENT CORPORATION, for Use, etc. v. STANFIELD. |
| Court | Georgia Court of Appeals |
Syllabus by Editorial Staff.
Error from Superior Court, Tattnall County; J. Saxton Daniel, Judge.
Proceeding between the Credit Clearing House Adjustment Corporation, for use, etc., and D. L. Stanfleld. Judgment for latter, and former brings error.
Affirmed.
H. H. Elders and John P. Rabun, both of Reidsville, for plaintiff in error.
P. M. Anderson, of Claxton, for defendant in error.
Syllabus Opinion by the Court.
1. "The power of the superior courts [and city courts] to grant new trials, being expressly conferred by statute, as well as arising from common-law principles, * * * as not limited by any absolute and invariable rules as to the number of times of its allowable exercise; but that the presumption of the legality of such grant, generally speaking, weakens upon each additional concurrent verdict." Taylor v. Central R. Co., 79 Ga. 330 (6), 5 S. E. 114, 119; Stewart v. Central of Georgia Ry. Co., 3 Ga. App. 397
(1), 60 S. E. 1.
2. "After one such grant, a subsequent grant on account of alleged conflict between the evidence and the verdict will be closely examined, to see that the discretion of the court below has been justly and wisely exercised, in view of the peculiar issues and facts of each case, and having due regard to the general consideration of the fitness of juries to ascertain facts and of the necessity that there must be some end to litigation." Vassie v. Central of Georgia Ry. Co., 135 Ga. 8
(2), 68 S. E. 782.
3. Under the evidence in the present case there was no abuse of discretion in granting a second new trial.
Judgment affirmed.
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In re Estate of Randall
... ... 467, ... 175 N.W. 793; Credit Clearing House Adj. Corp. v. Stanfield, ... 42 ... ...
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Gledhill v. Brown
... ... Ga. Ry. Co., 3 Ga.App. 397, 60 S.E. 1; Credit ... Clearing House Corp. v. Stanfield, 42 ... ...
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Gledhill v. Brown
...R. & Banking Co., 79 Ga. 330, 5 S. E. 114; Stewart v. Central of Ga. Ry. Co., 3 Ga. App. 397, 60 S. E. 1; Credit Clearing House Corp. v. Stanfield, 42 Ga. App. 562, 156 S. E. 708. 2. Where a contract was entered into between the beneficial owner of land and a person who held a deed to the l......