Medlock v. Aycock

Decision Date28 June 1915
Docket Number(No. 5961.)
Citation86 S.E. 455,16 Ga. App. 813
PartiesMEDLOCK . v. AYCOCK, Sheriff, et al.
CourtGeorgia Court of Appeals

On Rehearing, Oct. 1, 1915.

(Syllabus by the Court.)

6. Instructions.

The fifth, sixth, and seventh grounds of the amendment to the motion for a new trial, complaining of certain excerpts from the charge of the court, are without merit.These excerpts, when considered in connection with the entire charge, are not objectionable for any of the reasons assigned, and were not prejudicial to the defendant.

Russell, C. J., dissenting.

Error from City Court of Madison; K. S. Anderson, Judge.

Action by R. B. Aycock, Sheriff, and others, for use, etc., against C. O. Medlock.Judgment for plaintiffs, and defendant brings error.Affirmed.

M. C.Few, of Madison, for plaintiff in error.

E. H. George, of Madison, for defendants in error.

BROYLES, J. Judgment affirmed.

RUSSELL, C. J., dissents.

On Rehearing.

BROYLES, J.After a careful consideration of the motion for rehearing and of the argument on rehearing, the court adheres to its original decision.

Judgment affirmed.

RUSSELL, C. J., dissents.

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5 cases
  • Rd.Way Express Inc v. Mcbroom
    • United States
    • Georgia Court of Appeals
    • 5 Diciembre 1939
    ...against such a demurrer, and any defects therein which can be cured by amendment must be reached by special demurrer." Medlock v. Aycock, 16 Ga.App. 813, 86 S.E. 455. In Medlock v. Wood, 4 Ga.App. 368, 61 S.E. 516, the court said: "The answer of a defendant will resist a general demurrer or......
  • Roadway Express v. McBroom
    • United States
    • Georgia Court of Appeals
    • 5 Diciembre 1939
    ... ... any defects therein which can be cured by amendment must be ... reached by special demurrer." Medlock v ... Aycock, 16 Ga.App. 813, 86 S.E. 455. In Medlock v ... Wood, 4 Ga.App. 368, 61 S.E. 516, the court said: ... "The answer of a defendant ... ...
  • Spindel v. National Homes Corp.
    • United States
    • Georgia Court of Appeals
    • 26 Junio 1964
    ...for defendant in error. FRANKUM, Judge. "To be subject to general demurrer, a petition must be utterly lifeless.' Medlock v. Aycock, 16 Ga.App. 813, 86 S.E. 455.' Gunby v. Turner, 194 Ga. 378, 381(2), 21 S.E.2d 640; Johnson v. John Deere Plow Co., 214 Ga. 645, 647(1), 106 S.E.2d 901. While ......
  • Customers Loan Corp. v. Jones
    • United States
    • Georgia Court of Appeals
    • 14 Octubre 1959
    ...v. Monroe, 45 Ga.App. 496, 165 S.E. 302), and a petition is not subject to general demurrer unless it is lifeless. Medlock v. Aycock, 16 Ga.App. 813, 86 S.E. 455.' Proof of violation and proof of compliance are matters addressed to a fact finding body and cannot be determined as a matter of......
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