16 Ga. App. 790 | Ga. Ct. App. | 1915
1. The authority of the appellate division of the municipal court of Atlanta on a motion for a new trial is limited to “sustaining or overruling said motion.” Acts 1913, p. 169, sec. 42 (/). The appellate division is without authority to render a final judgment in a cause when, upon the hearing of a motion for new trial, the verdict and the judgment of the trial judge entered thereon are set aside.
2. The damages which the plaintiff sought to recover, though to some extent contingent, were not too remote to be recovered; for, in view of the evidence as to a contract for his services, the case is distinguished upon its facts from Clay v. W. U. Tel. Co., 81 Ga. 285 (6 S. E. 813, 12 Am. St. R. 316), and similar decisions. The evidence authorized the verdict for damages in favor of the plaintiff, and there were no material errors in the trial.
3. The judgment of the appellate division of the municipal court being nugatory, it is adjudged by this court, in'the exercise of the power conferred by section 6103, paragraph 2, of the Civil Code, and article 6, section 2, paragraph 9, of the constitution (Civil Code, § 6506), that the judgment heretofore entered by the trial judge in the municipal court, for damages in the sum of $25, with costs, be affirmed, and that the plaintiff in error recover of the defendant in error the costs incurred in the motion for a new trial and in prosecuting this writ of error.
Judgment reversed, with direction.