Stewart & Keith v. Attaway
Georgia Court of Appeals
Stewart & Keith v. Attaway, 18 Ga. App. 158 (1916)
88 S.E. 992; 1916 Ga. App. LEXIS 192
Broyles
Stewart & Keith v. Attaway
Opinion of the Court
1. The assignment of error upon the failure, of the court to direct a verdict for the defendants is without merit, as it is well settled that the refusal to direct a verdict is never reversible error.
2. The suit was trover to recover 1,520 pounds of sea-island cotton, and the evidence possibly authorized, but did not demand, a finding that that amount of cotton was in the possession of the defendants at or before the time the suit was brought. The direction of a verdict for the plaintiff was, therefore, error. Judgment reversed.
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