Starr v. Barton

Supreme Court of Georgia
Starr v. Barton, 34 Ga. 99 (Ga. 1864)
Lumpkin

Starr v. Barton

Opinion of the Court

Lumpkin, O. J.

There was a conflict of evidence in this case, and the only question is, was there testimony enough to warrant the judgment of the Court ? In other words, suppose this case before the jury, and the verdict had been for Barton, the defendant in error, would the verdict of the jury be set aside and a new trial ordered, because the verdict was strongly and decidedly against the weight of evidence? We think not. The judgment of the Court upon the/hefe, in cases of habeas corpus, is analagous to a verdict of the jury; and will not be disturbed by the reviewing Court, provided there was enough evidence to support it, although there may have been other proof strongly in conflict with it.

' Judgment affirmed.

Reference

Full Case Name
Elijah J. Starr, enrolling officer, in error v. Robert T. Barton, in error
Cited By
8 cases
Status
Published