McCarty v. Keys

• Decision Date: 16 March 1917
• Docket Number: 8032.
• Citation: 91 S.E. 875,19 Ga.App. 494
• Parties: MCCARTY ET AL. v. KEYS.
• Court: Georgia Court of Appeals

91 S.E. 875

19 Ga.App. 494

MCCARTY ET AL. v. KEYS.

No. 8032.

Court of Appeals of Georgia, Second Division

March 16, 1917

Syllabus by the Court.

There being evidence to sustain the verdict, this court cannot disturb the finding of the jury by overruling the refusal of the trial judge to grant a new trial upon the ground that the verdict was contrary to evidence or without evidence to support it. Davis v. Kirkland, 1 Ga.App. 5, 58 S.E. 209; Stricklin & Co. v. Crawley, 1 Ga.App. 139, 58 S.E. 215; Charles v. Brooker, 1 Ga.App. 219, 58 S.E. 218; Daughtry v. S. Ry., 1 Ga.App. 393, 58 S.E. 230; Edge v. Thomas, 9 Ga.App. 559, 71 S.E. 875.

The motion for a new trial does not show that a motion for a continuance was made by the defendant, nor what the six absent witnesses would have testified to, except that they would have corroborated the six other witnesses who had already testified in his behalf; and therefore no error appears in the failure to discontinue the trial of the case and grant a continuance thereon. Wiggins v. State, 101 Ga. 502, 29 S.E. 26 (1); Moon v. Wright, 12 Ga.App. 659, 78 S.E. 141.

Error from Superior Court, Whitfield County; A. W. Fite, Judge.

Action between W. S. McCarty and others and Fred Keys. Judgment for the latter, and the former bring error. Affirmed.

Geo. G. Glenn, of Dalton, for plaintiffs in error.

M. C. Tarver and W. C. Martin, both of Dalton, for defendant in error.

JENKINS, J.

Judgment affirmed.

BROYLES, P.J., and BLOODWORTH, J., concur.