104 Ga. 647 | Ga. | 1898
An action upon an open account for $49.28 was brought by Garrett against Hunter, in a justice’s court. The case, on appeal therein, was tried by a jury, who returned a verdict in the following words: “"We, the jury, find for the plff. $10.80; and we also find that the plff. pay costs of suit.”
This judgment was manifestly erroneous. In the first place, the petition for certiorari did not allege any error in the verdict complained of. At most, it amounted only to a complaint against the general character of the jurors of the militia district in which the case was tried; and this attack upon them was not verified by the magistrate. In the second place, even if the plaintiff in his petition for certiorari had alleged that the verdict was contrary to the .evidence, the superior court had no power to direct a judgment for any specified amount in his favor, for the evidence was conflicting as to what the amount of the plaintiff’s recovery should be; and moreover, this was not a case in which the superior court could, in effect, render a final judgment.
Judgment reversed.