Johnson v. Mitchell
Johnson v. Mitchell
Opinion of the Court
(After stating the foregoing facts.)
The jury were authorized to find that the permanency of the plaintiff’s injuries resulted from the failure of the defendant,
Treating the grounds of the amendment to the motion for a new trial as grounds of an ordinary motion for a new trial, they were not approved by the trial judge, and can not be considered. Treating such grounds as presenting a motion to set aside the verdict and judgment at law, based, not upon unamendable defects appearing upon the face of the record, but upon extraneous matters by reason of which the defendant sought to obtain relief against a judgment improperly or irregularly obtained, and as in effect a motion for a new trial based upon extraordinary grounds, and as subject to all the rules governing motion for a new trial (Schofield’s Sons Co. v. Vaughn, 40 Ga. App. 568, 570, 150 S. E. 569, and cit.), under the conflicting evidence the trial judge was authorized to deny the same.
The remaining ground of the motion, which the trial judge refused to consider, was based upon the affidavits of jurors who rendered the verdict, and was nothing more than an effort to impeach the verdict by showing that it was unintentionally or inadvertently rendered by the jury under a mistaken notion as to the identity of the defendant. Since "the affidavits of jurors may be
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.