Supreme Court of Georgia, 1897

Sanders v. Nicolson

Sanders v. Nicolson
Supreme Court of Georgia · Decided July 10, 1897 · Atkinson
101 Ga. 739; 28 S.E. 976; 1897 Ga. LEXIS 312
Sanders v. Nicolson

Cases that cite this one

26 later published cases cite this decision. The 25 that cite it most often are listed here.

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Opinion of the Court

Atkinson, J.

The propositions stated in the first two head-notes require no elaboration. The charge excepted to, as set out in the third headnote, is a clear expression of an opinion upon the weight of evidence. It determines judicially a question of fact which should have been left to the jury; and whether that fact was properly determined or not by the judge, this court, according to the provisions of section 4334 of the Civil Code, is without discretion to withhold a judgment reversing a refusal to grant a new trial upon an exception based upon this instruction to the jury.

Judgment reversed.

All the Justices concurring.

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