Supreme Court of Georgia, 1898

Mitchell v. Braswell

Mitchell v. Braswell
Supreme Court of Georgia · Decided July 18, 1898 · Little
105 Ga. 502; 30 S.E. 947; 1898 Ga. LEXIS 630

Mitchell v. Braswell

Opinion of the Court

Little, J.

When the evidence introduced on the trial of a case before a jury in a justice’s court is conflicting, this court will not reverse a judgment of the superior court sustaining a certiorari sued out by the losing party and ordering the case to be again tried in the magis■trate’s court. The more especially is this so when an examination of the record brought to. this court shows that the ends .of justice require a new trial.

Judgment affirmed.

All the Justices concurring.Certiorari. Before Judge Hutehius. Walton superior . court. August term, 1898.Napier & Cox, for plaintiff. A. C. Stone and B; T. Moon, for defendants.

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