Warren v. Mann

CourtUnited States Court of Appeals (Georgia)
Citation161 S.E.2d 894,117 Ga.App. 787
Docket NumberNo. 43670,No. 3,43670,3
PartiesBilly WARREN et al. v. James W. MANN et al
Decision Date17 May 1968

Bullock, Yancey, & Mitchell, Kyle Yancey, Atlanta, for appellants.

Heyman & Sizemore, Thomas Henry Nickerson, Atlanta, for appellees.

Syllabus Opinion by the Court

JORDAN, Presiding Judge.

1. In a civil case a trial judge may in his discretion grant a new trial without a transcript of the evidence and proceedings, either on motion of a party or ex mero motu. Ga.L.1965, pp. 18, 30; Code Ann. § 70-301. Absent a contrary showing this court will presume that he did consider the evidence in granting a motion on grounds requiring such consideration. See A. M. Kidder & Company, Incorporated v. Clement A. Evans & Company, Incorporated, 117 Ga.App. 346, 160 S.E.2d 869. The grant of a new trial is appropriate when it appears to the trial judge that the refusal to take such action would be inconsistent with substantial justice. Ga.L.1966, pp. 609, 664; Code Ann. § 81A-161.

2. Appellate courts will not disturb the ruling of a trial judge acting in his discretion on the first grant of a new trial solely on general grounds, absent any showing by the appellant that the trial judge abused his discretion in granting it and that the law and facts require the verdict notwithstanding his judgment. Code § 6-1608. See the discussion in CTC Finance Corporation v. Holden, 221 Ga. 809, 147 S.E.2d 427, with respect to the unqualified power of superior and city courts in respect to the grant of new trials, and the effect of the 1959 enactment (Ga.L.1959, p. 353) on Code § 6-1608. Also, see Peak v. Cody, 113 Ga.App. 674, 675(1, 2), 149 S.E.2d 519; Howard v. Biles, 117 Ga.App. 384, 385(2), 160 S.E.2d 620. The effect and validity of § 50(c)(1) of the Civil Practice Act, as amended (Ga.L.1966, pp. 609, 657; 1967, pp. 226, 248; Code Ann. § 81A-150(c)(1)) requiring the trial court to specify the grounds on which a new trial is granted, in connection with the grant of a judgment n.o.v., is not in issue in the case sub judice. 3. Where, as here, the plaintiffs in the lower court seek a reversal of the first grant of a new trial on motion of the defendants limited to general grounds, and it appears that the trial court, having directed a verdict for the plaintiffs, on which judgment was entered, granted a new trial solely on general grounds (as to which there is no dispute, although the order itself is silent as to the...

To continue reading

Request your trial
5 cases
  • Whiteway Laundry & Dry Cleaners, Inc. v. Childs
    • United States
    • Georgia Court of Appeals
    • 15 Junio 1972
    ...and filed. Code Ann. § 70-301; A. M. Kidder & Co. v. Clement A. Evans & Co., 117 Ga.App. 346(1), 160 S.E.2d 869; Warren v. Mann, 117 Ga.App. 787, 161 S.E.2d 894. 2. Error is enumerated on the failure of the trial court to grant a motion for mistrial based upon a statement by the court to th......
  • Blanchard v. Westview Cemetery, Inc.
    • United States
    • Georgia Court of Appeals
    • 8 Octubre 1974
    ...for the plaintiff in any specific amount. Code Ann. § 6-1608; Martin v. Denson, 117 Ga.App. 288, 160 S.E.2d 210; Warren v. Mann, 117 Ga.App. 787, 161 S.E.2d 894; Prosser v. Horis A. Ward, Inc., 123 Ga.App. 205, 180 S.E.2d 270.' (Emphasis supplied.) Smith v. Clark, 123 Ga.App. 458(2), 181 S.......
  • Speer v. Gemco Elevator Co., Inc.
    • United States
    • Georgia Court of Appeals
    • 21 Marzo 1975
    ...trial court abused its discretion in granting it and that a verdict for the party opposing the motion was demanded. See, e.g., Warren v. Mann, 117 Ga.App. 787(2, 3), 161 S.E.2d 894; Hunt v. Denby, 128 Ga.App. 523(4), 197 S.E.2d 489; Blanchard v. Westview Cemetery, 133 Ga.App. 262, 263(1), 2......
  • Hunt v. Denby
    • United States
    • Georgia Court of Appeals
    • 15 Marzo 1973
    ...in the trial judge covering the first grant of a new trial. Code § 6-1608; Lee v. Wade, 104 Ga.App. 375, 121 S.E.2d 694; Warren v. Mann, 117 Ga.App. 787, 161 S.E.2d 894, and Judgment affirmed in part; reversed in part. HALL, P.J., and EVANS, J., concur. ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT