Johnson v. Mccrary

Decision Date28 February 1884
CitationJohnson v. Mccrary, 73 Ga. 138 (Ga. 1884)
PartiesJohnson. vs. Renfroe & McCrary.
CourtGeorgia Supreme Court

1.Where no exception is made to the charge or other ruling of the court on the trial, and the motion for a new trial is grounded alone on the position that the verdict is contrary to the evidence and the law of the case and charge of the court, and the law was fairly presented to the jury, and they have passed on the facts, the stat-ute vests in the superior court the discretion to grant or refuse a new trial, and unless that discretion be abused, this court has no legal power to interfere.

2.This is an action for deceit in that the agent of the plaintiff in error made knowingly false and fraudulent representations to induce the purchase of the mules, under sections 2958and2199 of the Code.In such a case, which involves fraud, in that it is "subtle in itself...

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6 cases
  • Sires v. Luke, Civ. A. No. CV180-214.
    • United States
    • U.S. District Court — Southern District of Georgia
    • 6 d5 Agosto d5 1982
    ...exists. The question of fraud on the part of the plaintiff toward the defendant is a matter for the jury to decide. See Johnson v. Renfroe & McCrary, 73 Ga. 138 (1884). Accordingly, the plaintiff's motion for partial summary judgment is DENIED as it pertains to the defendant's allegations o......
  • Tolar Const. Co. v. GAF Corp.
    • United States
    • Georgia Court of Appeals
    • 30 d3 Abril d3 1980
    ...of its existence. Code Ann. § 37-706. It is peculiarly the province of the jury to pass on these circumstances. Johnson v. Renfroe & McCrary, 73 Ga. 138 (1884); Wells v. Blitch, 182 Ga. 826, 187 S.E. 86 The trial court here ruled that GAF had made no misrepresentation regarding the roofing ......
  • Alpharetta, Old Milton County, Georgia Historical & Genealogical Soc., Inc. v. Dowda
    • United States
    • Georgia Court of Appeals
    • 11 d2 Julho d2 1995
    ...conviction of its existence." OCGA § 23-2-57. "[I]t is peculiarly the province of the jury to pass on these circumstances." Johnson v. Renfroe & McCrary, 73 Ga. 138. See Wells v. Blitch, 182 Ga. 826, 187 S.E. 86. Furthermore, it has not been established that this appeal is wholly frivolous.......
  • Allen v. Allen
    • United States
    • Georgia Supreme Court
    • 7 d4 Fevereiro d4 1991
    ...particularly ones for determination by jury, not the Court. This has been the law since at least 1884 when the case of Johnson v. Renfroe & McCrary, 73 Ga. 138 [was 2. The following authorities are controlling: (a) "Proceedings for a divorce and for alimony have always, under the practice i......
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