Morris v. Baxley Hardware Co.
Morris v. Baxley Hardware Co.
Opinion of the Court
On the first trial of this case a verdict was directed by the court in favor of the plaintiff. A judgment refusing a new trial to . the defendant was reversed by this court upon the ground that the direction of the verdict was error. Baxley Hardware Co. v. Morris, 165 Ga. 359. The case was tried again, and the jury returned, without direction, a verdict in favor of the plaintiff. Upon motion for new trial by the defendant the presiding judge granted a new trial. To this judgment the plaintiff excepted. Held, that the grant of a new trial by the presiding judge, after verdict found by the jury, on the second trial, without direction, was the first judgment setting aside an actual finding of the jury, and is subject to the rule that the first grant of a new trial will not be disturbed except where the verdict is demanded by the evidence, notwithstanding the second verdict was in
Judgment affirmed.
Reference
- Full Case Name
- Morris v. Baxley Hardware Company
- Cited By
- 2 cases
- Status
- Published