History
  • No items yet
midpage
Roddenberry Hardware Co. v. Merritt
87 S.E. 681
Ga. Ct. App.
1916
Check Treatment
Broyles, J.

1. The first, second, and third grounds of the amendment to the motion for a new trial, failing to set out literally or in substance the particular evidence, the admission of which is assigned as error, present no question for decision. Shaw v. Jones, 133 Ga. 446 (9), 450 (66 S. E. 240); Davis v. Gaskins, 137 Ga. 450 (2), 451 (73 S. E. 579).

2. The fourth ground of the amendment to the motion for a new trial can not be considered, as the contract (the admission of a carbon copy of which is assigned as error) is not set forth, either literally or in substance, in that ground. Stewart v. Randall, 138 Ga. 796 (5), 797 (76 S. E. 352).

3. The refusal of a trial judge to direct a verdict is never reversible error;- and, accordingly, there is no merit in the fifth ground of the amendment to the motion for a new trial.

4. However, upon the general grounds it appears that the judgment must be reversed, because nowhere in the record is there any evidence to -support the amount of the verdict returned in favor of the plaintiff'.

Judgment reversed.

Case Details

Case Name: Roddenberry Hardware Co. v. Merritt
Court Name: Court of Appeals of Georgia
Date Published: Jan 6, 1916
Citation: 87 S.E. 681
Docket Number: 6314
Court Abbreviation: Ga. Ct. App.
AI-generated responses must be verified and are not legal advice.