T. H. Brooke & Co v. Bros

• Decision Date: 22 November 1916
• Docket Number: (No. 7558.)
• Citation: 19 Ga.App. 21,90 S.E. 1037
• Court: Georgia Court of Appeals
• Parties: T. H. BROOKE & CO. v. CUNNINGHAM BROS.

(19 Ga.App. 21)

90 S.E. 1037

T. H. BROOKE & CO.

v.CUNNINGHAM BROS.

(No. 7558.)

Court of Appeals of Georgia.

Nov. 22, 1916.

Rehearing Denied Dec. 8, 1916.

(Syllabus by the Court.)

6. Motion for New Trial Granted.

This was the second trial of the case, judgment having been rendered twice, by the trial judge sitting without the intervention of a jury, in favor of the defendants, Brooke & Co., against the plaintiffs, Cunningham Bros., for the sum of $57, and costs, as a set-off against the demand of the plaintiffs. The judgment was authorized by the evidence; no error of law appears, and the appellate division of the municipal court of Atlanta (Fulton division) erred in granting the motion for a new trial.

Error from Municipal Court of Atlanta.

Action by Cunningham Bros. against T. H. Brooke & Co., who pleaded a set-off. There was a judgment for defendants, and, new trial being granted, they bring error. Reversed.

Jones & Chambers, of Atlanta, for plaintiffs in error.

Walter R. Brown, of Atlanta, for defendants in error.

BROYLES, J. Judgment reversed.