68 Ga. 47 | Ga. | 1881
John Q. Shipp brought his action for libel against B. A. Story, for publishing of and concerning him the following article in the Buena Vista Argus, a newspaper in the town of Buena Vista, in this state:
*48 “TO THE PUBLIC.
“One J. Q. Shipp is wanted in this county, to answer the charge of larceny after a trust. [Signed] B. A. Story.”
The defendant filed two pleas — the first “not guilty,” the second “justification.”
Under the evidence and charge of the court, the jury found a verdict for the. defendant on the first plea. The plaintiff moved for a new trial, which the court refused, and he excepted. The grounds of the motion were,
(i.) Because the verdict is contrary to evidence, and without evidence to support it.
(2.) Because the verdict is so far contrary to evidence as to shock the moral sense.
(3.) Because the verdict is contrary to law.
Had the presumption of malice been rebutted by the evidence, the verdict should not have been for the defendant ; it was, therefore, error to allow it to stand. Had it been on the second plea, then that would have been sufficient.
There has been no ruling by this court upon this ques
Again, it is an unjust practice in this, that it allows the circuit judge no opportunity to review any errors alleged to have been committed. Moreover, one ground is sufficient to incorporate in the motion for a new trial, and then it may be amended to include all others existing up to the time of the final hearing on the motion.
Besides, the evidence in this case is part of the record» and brought up to illustrate the grounds of the motion for a new trial, and it is not allowable to come up as a part of the record in any other case. Therefore, it cannot be legally used for showing error in those other exceptions.
In view, therefore, of the whole matter, and having been requested to rule on the subject, we hold that the better practice is to incorporate all the exceptions taken on the trial before the jury in the motion for a new trial. But inasmuch as it is a new point, we will not apply it to cases brought to this court until after the present term.
Judgment reversed.