Stricklin v. Brotherton

• Decision Date: 19 June 1911
• Parties: STRICKLIN. v. BROTHERTON. BROTHERTON. v. STRICKLIN.
• Court: Georgia Supreme Court

136 Ga. 456

71 S.E. 774

STRICKLIN.

v.BROTHERTON.

BROTHERTON.

v.STRICKLIN.

Supreme Court of Georgia.

June 19, 1911.

(Syllabus by the Court.)

Appeal and Error (§ 856^*)—Granting of New Trial—Review.

The court below granted a first new trial upon special grounds, contained in the motion, complaining of certain instructions of the court to the jury, and overruled the motion as to the other grounds. Both parties excepted to the judgment of the court. It cannot be said that the verdict was demanded by the evidence, and, that being the case, the judgment granting a first new trial will not be disturbed; and this court will not inquire into the sufficiency of the grounds upon which a new trial was granted, nor those which were overruled, but the court below, having itself granted a new trial, will be allowed, at the next hearing, to deal with the case de novo under the evidence as it may then be developed.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. § 3423; Dec. Dig. § 856.*]

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

Action between Beatrice Stricklin, by her next friend, and Napoleon Brotherton. From a judgment of the court granting a new trial, both parties bring error. Affirmed on the main bill of exceptions, and crossbill of exceptions dismissed.

W. E. Mann and W. H. Payne, Jr., for plaintiff in error.

Samuel P. Maddox and Jas. E. Rosser, for defendant in error.

BECK, J. Judgment affirmed on the main bill of exceptions; cross-bill of exceptions dismissed. All the Justices concur.

*.For other cases see same topic and section NUMBER in Dec. Dig. & Am. Dig. Key No. Series & Rep'r Indexes