72 Ga. 338 | Ga. | 1884
The plaintiff in error brought her bill in equity to reform a deed executed by her to defendant in error, on the ground that, as written and delivered, it contained a mistake in the boundary therein set out, and if not such a mutual mistake as equity would relieve and reform, then a mistake brought about by such fraud in the use of deceptive-means in the terms of the deed itself and the plats furnished her, one of which was exhibited and attached to the deed, and all of which were furnished by agents of the defendant toiler, as to cause her to mistake the quantity of land she conveyed, and by the number of feet conveyed to include an eight-feet alley, which furnished her ingress and egress to and from another alley of ten feet width, and thence to the public street. At the close of the complainant’s testimony, it was moved that the court dismiss the case, because complainant had not made such proof as would entitle her to go to the jury, which motion was then denied; but at the close of defendant’s testimony, and pending the argument of defendant on the evidence, the court reconsidered its action, and after argument dismissed the case, withdrawing-from the jury further consideration thereof. On the judgment so dismissing the whole case, on law and facts, without-permitting the jury to pass upon the facts, under the charge by the court, on the principles of equity applicable thereto, the complainant excepted, and assigns for error that-judgment. So that the question is, was there enough evidence, in connection with logical and legitimate inferences-therefrom, to entitle the complainant to have the facts of her case—the verdict thereon—the truth of the transaction ferreted out and found by that tribunal which the constitution and laws of this state organize to pass upon facts,, unless those facts make no case to entitle the complainant to recover in any reasonable view of them which the jury might take ?
1. A motion to dismiss a bill in equity, with the facts-
The difference in the two modes of getting at the truth is that, in the question and answer form, the facts are first :fou-nd, without embarrassing the jury with the equities which grow out of those facts, while in the form of a general verdict, the equities are told to the jury by the judge ■.first in his charge, and they find then the facts, and apply the equities to those facts in the general verdict. In both •cases, the decree follows the true facts, the verdict, whether brought out of conflict by the jury in one mode or in the ■other. It would seem, therefore, under Georgia law. and practice under that law, wherever there is conflict, there ■can be no non-suit at law and no withdrawal of a case from .the jury, for the reason that wherever there is conflict in ■the testimony, the true facts are not known to the court, ■and cannot be known until that conflict is made to cease iby the power which the law of this state vests in the jury ;to tell the court which witnesses are truthful and which mot, where they differ on any matter touching the vitals of 'the case, or what the truth is, weighed in the scales which ■the law gives to the jury to hold, when testimony is heaped in uncertain piles on the one side and the other.
It is true that such dicta appear in two opinions delivered by the lamented and esteemed Judge Crawford; the first in the case of Burnham vs. Devaughn, for the use, etc., 65 Ga., 311, and the other in the case of Zettler vs. The City of Atlanta, in the 66 Ga., 195 ; but an examination of both cases will show that the dicta are obiter, or at least not required by the facts in either case; and that this prudent, laborious and cautious judge reconsidered .and modified these expressions, will clearly appear in his opinion in Cook vs. The Western & Atlantic Railroad Co., 69 Ga., 619, where he uses this language * “ It is true, it was also held in Tison et al. vs. Yawn 15 Ga., 493, that the court was not compelled to award a non-suit, if, after verdict, it would grant a new trial because the verdict was
This opinion of Judge Crawford is on the line of the issue decided by the court in the 69th Ga. ; and the case cited in it from the 15th utters no uncertain sound, and its voice was heard and approved in the 69th. In the 15th, Chief Justice Lumpkin said: u Nor do we recognize the rule that if, after verdict, the court would grant a new trial because the verdict was contrary to evidence, it is bound to awai’d a non-suit, on motion before trial. Such a doctrine would be an unwarrantable encroachment upon the province of the jury.”
And such, it seems to us, would be the effect of the doctrine. It would not only encroach upon the province of the jury unwarrantably, but it would make jury trial wholly ineffectual and inoperative, at the will of the presiding judge. In his discretion, he may grant or refuse a new trial, where the verdict is against the weight of the evidence; if, th’erefore, wherever he may grant a new trial, he may non-suit at law, or dismiss in equity, he may non-suit or dismiss wherever the facts, as he interprets ’.'■.hem, make a case unsatisfactory to himself.
The better rule, it strikes us, so far as it may be generalized, would be, wherever there is conflict in the testimony on all the controlling points in the case, though the judge, after verdict, may grant a new trial, he cannot, before verdict, non-suit or dismiss.
2. So far from the rule in this state being less strict m equity cases in having facts passed upon by juries, wherever the truth of the facts is in dispute, than at law, the
Of course, the Georgia equity jurisprudence differs from the English and from most, if not all, of the American states; and it may be that the mother country and the other states have the better rule; no juries except when the chancellor sees fit to send down an issue of fact to the common law court; but ours has worked well for a very long time, and whether this statutory provision be wise or not, it is our duty to see that it be preserved until repealed or modified.
3. So far as the province of the jury to try facts in dispute be concerned, it is immaterial what degree or quantum or certainty of evidence may be necessary by law to give relief in the case in equity. It is for the jury to find the facts, under the charge of the court, in one form or another of jury trial. If a general verdict be found, it will be because the quantum or certainty of the evidence, under the rule given, is sufficient, under the charge; if, by special facts in answer to questions, the court will only decree where those facts are enough to authorize the decree; and in either case, the judge may award a new trial. So that,
The reason on which jury trial on facts has always rested is, that the men of the vicinage will know more of the locality and surroundings ordinarily than the judge, on trials concerning real estate; and on all trials of fact, involving the character and truthfulness of witnesses—usually persons in the neighborhood of the contention, and thus neighbors of the jurors—the jurors will be enabled more certainly to reach the true facts of the case and make a better verdict than a judge, who is usually a stranger to the locality as well as to the witnesses. The sense of the jury system of the trial of facts cannot be better illustrated than by reference to the pending case. The eight-feet alley; the ten feet alley; the streets into which those alleys open; the lot of complainant; the surrounding lots; the entire locality is of great importance, in order to ascertain the true nature of the claim of complainant and of the defence of defendant. Hence, the record is full of plats whereby this locality with its environs is transferred to paper, in order to present to the eye a picture of the scene.of contest. But just as no photograph is as exactly correct as the reality it reflects, so the most accurate map or plat cannot fix in the mind’s eye a locality as the eye receives it, when its own retina reflects for itself the real place. And so to catch the intent of the witnesses, what they mean in talking about the'lines, boundaries, alleys and streets, an eye familiar with the spot will be better prepared than one which never rested upon it. It may be that, in this particular case, this individual, now occupying the circuit bench, being resident in Atlanta himself, may grasp the facts as easily and accurately as the jury; but legal principles must be general, so as to fit the generality of cases, and generally the judge knows nothing of the locus of the contention, and as little of the sworn witnesses.
Thus it is for the jury to extract from all the facts and circumstances, the deeds and words of the deeds, the plats attached to them and others, if any, furnished the complain, ant pending the negotiation, the conduct of the complainant and defendant’s agents during the negotiation and after the sale; from these and all fair and reasonable deductions from them to extract the truth, and that degree oí clearness with which they see that truth, so that the'court may apply the principles upon which equity will reform this deed, or deny relief thereon.
It must be borne in mind that, in this opinion on the judgment of dismissal by the court below, this court does not mean to determine or intimate what the jury should decide or what conclusion they should reach. We simply mean to decide that the complainant made such a case as entitled her to have the jury—the tribunal to pass upon the facts when contested, in all equity cases, under the peculiar equity j urisprudence of Georgia—pass upon thatcase, and find, in either mode of jury trial the chancellor may adopt, the truth as to facts in the case, and bring to him a verdict thereon.
Purposely we omit to particularize the deeds which may bear on one or the other side, and the language in them touching this alley, lest our dealing with them might make us appear to usurp the functions of the tribunal to try facts, while we reverse, with great respect for his ability and learning, the presiding judge for having, in our judgment, erred, however rightfully and honestly in his own judg
Judgment reversed.
Cited for plaintiff in error: 5. Ga., 172; 11 Id., 180; 15 Id., 491 ; 25 Id., 546 ; 35 Id., 132 ; 37 Id., 26 ; 42 Id., 55 ; 43 Id., 395, 323 ; 55 Id., 122 ; 56 Id., 294, 643 ; 57 Id., 28 ; 59 Id., 595 ; 61 Id., 38 ; 63 Id., 488, 772, 785 ; 65 Id., 309 ; 66 Id., 569, 573 ; 67 Id., 477, 58, 61, 430, 53.
For defendant: Code, §§3123, 3124 ; 13 Ga.., 89 ; 42 Id., 451, 456 ; 40 Id., 205 ; 65 Id., 311.