Johnson v. Scott, 53553
| Decision Date | 18 March 1977 |
| Docket Number | No. 53553,No. 2,53553,2 |
| Citation | 141 Ga.App. 645,234 S.E.2d 184 |
| Parties | Alonzo JOHNSON v. Theodore SCOTT et al |
| Court | Georgia Court of Appeals |
J. L. Jordan, Atlanta, for appellant.
Stephen J. Sasine, Atlanta, for appellees.
The appellant filed an action to enforce statutory lien rights. The appellees answered and counterclaimed contending the appellant had breached a contract causing damages to the appellees in the amount of $1,060. The case came on for trial before a judge without a jury. The appellant having failed to appear, his complaint was dismissed and judgment entered on the counterclaim. On motion of the appellant, this order was set aside and a new judgment entered to the same effect but which contained findings of fact and conclusions of law. Appeal followed. Held:
The appellant contends that the findings of fact were mere conclusions and are without evidence to support them. In a case of this nature the judge's findings of fact shall not be set aside unless clearly erroneous (American Appraisal Co. v. Whitley Construction Co., 126 Ga.App. 398, 399, 190 S.E.2d 838; Doyal Development Co. v. Blair, 137 Ga.App. 434, 224 S.E.2d 55), and the judgment will not be disturbed where the record does not show error. Where, as here, there is no transcript of evidence, it is assumed that evidence was presented sufficient to sustain the judgment. Satterfield v. Satterfield, 236 Ga. 155(1), 223 S.E.2d 136; Craigmiles v. Craigmiles, 237 Ga. 498, 228 S.E.2d 882; Butler v. Butler, 238 Ga. 198, 232 S.E.2d 246.
Judgment affirmed.
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Foster v. State
...presented at trial was sufficient to support the verdict and that the rulings of the trial court were correct. Johnson v. Scott, 141 Ga.App. 645, 234 S.E.2d 184 (1977); Buford v. Buford, 234 Ga. 700, 217 S.E.2d 160 (1975). Accordingly, we find that the trial court did not err in denying app......
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Foster v. Housing Authority of Columbus
...trial judge's findings are supported by competent evidence. Simmons v. Chambliss, 128 Ga.App. 218, 219, 196 S.E.2d 183; Johnson v. Scott, 141 Ga.App. 645, 234 S.E.2d 184; Sherron v. Craddock, 133 Ga.App. 926, 213 S.E.2d 62; Nicholson v. Nicholson, 231 Ga. 760, 204 S.E.2d 292; Dunaway v. Bea......
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Nalley v. State, 56469
...the appellate court is bound to assume that the trial judge's findings are supported by sufficient competent evidence. Johnson v. Scott, 141 Ga.App. 645, 234 S.E.2d 184. Moreover, the rule in this state is that an indigent is not entitled to appointed counsel at his probation revocation hea......
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Colvin v. U.S., 59471
...we must assume that the statements of the trial court in its order are authorized by the evidence at that hearing. Johnson v. Scott, 141 Ga.App. 645, 234 S.E.2d 184; Foster v. Housing Authority, 146 Ga. App. 12, 245 S.E.2d The motion to set aside was properly considered by the trial court. ......