Supreme Court of Georgia, 1913

Clark v. Ballew

Clark v. Ballew
Supreme Court of Georgia · Decided May 16, 1913 · Lumpkin
140 Ga. 75; 78 S.E. 413; 1913 Ga. LEXIS 36
Clark v. Ballew

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Opinion of the Court

Lumpkin, J.

1. While the evidence was conflicting, and the jury might have been warranted in finding for the defendant, it was sufficient to support a finding for the plaintiff. The credibility of witnesses was for the jury; and the presiding judge having overruled a motion for a new trial, which complained only of the finding of the jury, and assigned no error upon any charge or ruling of the eourt pending the trial, this eourt will not reverse the judgment.

2. Although the evidence for the plaintiff might have authorized a verdict for a greater amount than that found, this will not necessitate a reversal, on motion of the defendant, under the facts of this ease.

Judgment affirmed.

All the Justices concur.

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