Cloud v. Hawkes Co.

Georgia Court of Appeals
Cloud v. Hawkes Co., 18 Ga. App. 772 (1916)
90 S.E. 652; 1916 Ga. App. LEXIS 1258
Hodges

Cloud v. Hawkes Co.

Opinion of the Court

Hodges, J.

In this ease the trial judge directed a verdict. A motion for new trial was filed and the court granted it, and to this judgment exceptions are taken. The rule that the judgment *773of a trial judge granting a first new trial will not be disturbed by this court, unless the judge abused his discretion in granting it, and the law and facts demanded • the verdict (Civil Code, § 6204:), applies as well where the motion for a new trial is .based on a directed verdict as where the motion is based upon the finding of a jury upon issues submitted to them in instructions of the court. If the judge is entitled to correct a finding of the jury by granting a first new trial, it follows that it is within his discretion to do so where the finding was directed by him.

Judgment affirmed.

Reference

Full Case Name
CLOUD v. HAWKES COMPANY
Cited By
3 cases
Status
Published