39 Ga. 708 | Ga. | 1869
1. We have ruled again and again that this Court will not grant a new trial when the evidence is in conflict, and no rule of law has been violated, and the Judge who tried the case is satisfied with the verdict.
2. The motion for a new trial in this case rests mainly on the ground that the declaration charges that the defendants are indebted to the plaintiffs in the sum of $2,500 00 for “professional services,” and that plaintiffs claim $250 00, as a retaining fee, and the value of the services rendered by them in addition to the retainer, and that upon this declaration, evidence was submitted to the jury to sustain the claim for both the retainer and the quantum meruit. The Court charged the jury that they should first ascertain from the evidence what the services of plaintiffs were reasonably worth, to which they should add $250 00 for the retainer.
Counsel for plaintiffs in error insists that plaintiffs might have recovered $2,750 00 under this charge, and under certain parts of the evidence; that is, $2,500 00 for the services rendered, and $250 00 for the retainer, when the declaration
If a party permits evidence to go to the jury without objection, and the jury find on the evidence, the party is not entitled to a new trial on the ground that the allegation and the proof do not correspond. Generally, when a party permits proceedings to be had, in the progress of his case, without making any objection, the Court will hold him to have waived the objection, and will not relieve him against the consequences of the proceeding, to which he did not object at the proper time. Dudley’s Reps., 209; Ga. Decisions, part 2,131; 2 Kelly, 281; 9 Ga., 359; 22d Ga., 24, 330; 27 Ga., 378; 36 Ga., 599 ; 37 Ga., 102.
We are satisfied the objection to the evidence came too late in this case after verdict.
Judgment affirmed.