Valkenburg v. Wood

• Court: Georgia Court of Appeals
• Writing for the Court: LUKE
• Citation: Valkenburg v. Wood, 153 S.E. 924, 41 Ga.App. 564 (Ga. App. 1930)
• Decision Date: 10 June 1930
• Docket Number: No. 20528.,20528.
• Parties: VAN VALKENBURG. v. WOOD.

41 Ga.App. 564

153 S.E. 924

VAN VALKENBURG.

v.WOOD.

No. 20528.

Court of Appeals of Georgia, Division No. 1.

June 10, 1930.

Syllabus by Editorial Staff.

BROYLES, C. J., dissenting.

Error from City Court of Macon; C. H. Hall, Judge.

Proceeding between A. B. Van Valkenburg and T. L. Wood. Judgment for latter, and former brings error.

Reversed.

Ryals, Anderson & Anderson, of Macon, for plaintiff in error.

Hallie B. Bell, of Macon, for defendant in error.

Syllabus Opinion by the Court.

LUKE, J.

I. "The Supreme Court has uniformly held that the charge of the judge to the jury must give the law of the case to the extent of covering the substantial issues made by the evidence, whether such instructions are requested or not, and this is especially true where there is but one controlling issue, and for its just determination a specific instruction should be given." Southern Cotton Oil Co. v. Brownlee, 26 Ga. App. 782(2), 107 S. E. 355.

2. Where, in an action on account, the only question for the jury to determine was whether or not the debtor directed that a particular payment, which had been credited on another account between the parties, should be credited on the account sued on, it was the duty of the court, though not requested so to do, to charge the law applicable to the application of payments as laid down in Civil Code 1910, | 4316, and the failure so to charge in ...