Folds v. Reese, 52813
| Decision Date | 01 November 1976 |
| Docket Number | No. 52813,No. 2,52813,2 |
| Citation | 231 S.E.2d 808,140 Ga.App. 291 |
| Court | Georgia Court of Appeals |
| Parties | R. W. FOLDS v. Ray REESE et al |
Ketzky & Hipp, P. Seale Hipp, LaGrange, for appellant.
Wyatt, Wyatt & Solomon, John M. Wyatt, LaGrange, for appellees.
The plaintiffs sued the defendant for damages to real property in the amount of $2,500 plus punitive damages of $7,500 for wilful trespass. The jury returned a verdict for the plaintiffs awarding them $2,000 and after the denial of the defendant's motion for new trial, appeal followed. Held:
1. It is urged that the verdict awarding the plaintiffs $2,000 without specifying what amount was found for actual damages and what amount for punitive damages was error.
The trial judge charged the jury: 'If you find for the Plaintiffs, the form of your verdict would be, 'We, the Jury, find for the Plaintiffs and against the Defendant the sum of so many dollars,' inserting in that verdict the amount to be awarded.' No objection was made to the charge, nor was any objection made to the form of the verdict after its rendition but prior to the jury's dispersal.
If the form of the verdict was improper it was incumbent on the aggrieved party to make objection as to irregularity of form at the time of the rendition of the verdict, otherwise such technicality is waived. W. Ga. Pulpwood v. Stephens, 128 Ga.App. 864, 870, 198 S.E.2d 420. Accord: Golosky v. Wherle, 117 Ga.App. 335, 160 S.E.2d 614. 128 Ga. at 870, 198 S.E.2d at 424.
Thus, any irregularity in the verdict was waived by the defendant.
2. On appeal the review of a charge enumerated as error is limited to the grounds of objection urged below. Pirkle v. Widener, 119 Ga.App. 401, 403(2), 167 S.E.2d 407.
The appellant urged that the charge was incorrect because Code § 105-2013 was controlling as to the measure of damages. As pointed out in Milltown Lumber Co. v. Carter, 5 Ga.App. 344(1-3), 63 S.E. 270; McConnell Brothers v. Slappey, 134 Ga. 95(8), 67 S.E. 440; Holcombe v. Jones, 197 Ga. 825, 826(5), 30 S.E.2d 903, that Code section is applicable in a trover action but not for trespass quare clausum fregit. ...
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Klingshirn v. McNeal
...30 S.E.2d 903 (1944). See also McConnell Bros. v. Slappey, 134 Ga. 95, 103-106(8), 67 S.E. 440 (1910); Folds v. Reese, 140 Ga.App. 291, 292(2), 231 S.E.2d 808 (1976); Milltown Lumber, 5 Ga.App. at 344-345(1)-(3), 63 S.E. 270. But see Minor v. Fincher, 206 Ga. 721, 733(6), 58 S.E.2d 389 ...
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Witty v. McNeal Agency, Inc.
...time and resources. West Ga. Pulpwood &c. Co. v. Stephens, 128 Ga.App. 864, 870(3), 198 S.E.2d 420 (1973); see Folds v. Reese, 140 Ga.App. 291, 292(2), 231 S.E.2d 808 (1976). "Upon hearing an improper verdict rendered, a litigant should not sit silently by, hoping to gain a retrial by faili......
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...of objection at the time of its rendition because any formal error can be corrected before the jury is discharged. Folds v. Reese, 140 Ga.App. 291, 231 S.E.2d 808 (1976). We know of no reason to apply a lesser standard in criminal prosecutions. Compare Code Ann. § 70-207 making inapplicable......
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Davis v. Whitford Properties, Inc., No. A06A1127.
...time and resources. West Ga. Pulpwood, etc. Co. v. Stephens, 128 Ga.App. 864, 870(3), 198 S.E.2d 420 (1973); see Folds v. Reese, 140 Ga.App. 291, 292(2), 231 S.E.2d 808 (1976). "Upon hearing an improper verdict rendered, a litigant should not sit silently by, hoping to gain a retrial by fai......