Georgia Court of Appeals, 1922

Ehrlich v. Jones

Ehrlich v. Jones
Georgia Court of Appeals · Decided July 24, 1922 · Jenkins
29 Ga. App. 13; 113 S.E. 45; 1922 Ga. App. LEXIS 14

Ehrlich v. Jones

Opinion of the Court

Jenkins, P. J.

1. It cannot be said that the jury were altogether unauthorized to find from the evidence, as adduced on this, the second, trial, that one of the bales of cotton levied on was raised by the defendant in fi. fa. on the premises of his landlord, the plaintiff. See Ehrlich v. Jones, 26 Ga. App. 101 (2) (105 S. E. 495).

2. The charge of the court made it perfectly clear and plain that the cotton must have been raised by the defendant in fi. fa. on premises rented from the plaintiff'. The instruction relative to the alleged payment of the rent by the defendant in fi. fa. was sufficiently explicit to meet the evidence as actually offered.

Judgment affirmed.

Stejihens, J., concurs.

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