111 Ga. 505 | Ga. | 1900
An execution issued from a justice’s court in favor of Adams against Carnes, for the principal sum of one hundred dollars, besides interest and cost of suit, and was levied on two mules as the property of the defendant, and a claim was interposed by Emma J. Carnes, his wife. On the trial of the issue in the justice’s court, the property was found subject, with a judgment for damages, the justice having found that the claim was interposed for delay only. An appeal was entered to the superior court, and the jury there returned a verdict that the property levied on and claimed was subject, and that the claim was frivolous and intended for delay only, and assessed ten per cent, damages against the claimant. The jury also found that the appeal was frivolous. On this verdict a judgment was rendered in the superior court that the execution do proceed, and that the plaintiff in fi. fa. recover of the claimant $14.99 as damages because the claim was frivolous and intended for delay only, this sum being ten per cent, of the principal and interest appearing to be due on the fi. fa. It was also further adjudged that the plaintiff recover of the claimant the further sum of $29.98 as damages because the appeal was found to be frivolous and intended for delay only, this last sum being twenty per cent, of the amount of the execution. The claimant made a motion for a new trial, on the grounds that the verdict was contrary to law and evidence, and because the court erred in refusing to permit the claimant to withdraw her claim on the trial of the appeal in the superior court, it being the first withdrawal insisted on by the claimant. The motion also contained two other grounds which will be . noticed below. A new trial was granted, and the plaintiff sued out a bill of exceptions, alleging that the court erred in granting a new trial. No cross-bill of exceptions, alleging error in entering the judgment, was sued out by the claimant.
Judgment reversed.