Supreme Court of Georgia, 1911

Fussell v. Stubbs

Fussell v. Stubbs
Supreme Court of Georgia · Decided September 25, 1911 · Holden
136 Ga. 842; 72 S.E. 157; 1911 Ga. LEXIS 246

Fussell v. Stubbs

Opinion of the Court

Holden, J.

1. Under the rulings announced in Osteen v. Wynn, 131 Ga. 209 (62 S. E. 37, 127 Am. St. R. 212), the evidence demanded a verdict for the plaintiffs for’the premises in dispute.

(а) There was no evidence authorizing the direction of a verdict for $40 as mesne profits.

(б) The judgment of the court below is affirmed, provided the defendant in error, within twenty days from the filing of the remittitur from this court in the office of the clerk of the court below, will write off from the verdict and judgment the recovery for mesne profits; if this is not done, the judgment is reversed and a new trial is granted.

Judgment affirmed, on condition.

Beck, J., absent. The other Justices concwr.

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