100 Ga. 415 | Ga. | 1897
1. Smith sued Shuman for damages for evicting him from a certain tract of land which he claims to have rented from Shuman, before the term of rental had expired. On the trial in the court below, Shuman demurred to the declara
2. This action for damages was instituted in the county court, where a ju dgment was rendered for the plaintiff. The defendant appealed to the superior court and gave the bond required by statute. In the trial of the case in the superior court, when the jury retired to consider the verdict, it seems
It was also claimed that the verdict was illegal and should be set aside, because it was written upon the appeal bond and not on the declaration. It is not alleged in the motion for new trial that the verdict had not been entered upon the minutes of the court. If the defendant objected to the writing of the .verdict on the bond instead of the declaration, he should have called the attention of the court to the fact that it was so written, and doubtless the court would have had it transferred from the bond to the declaration, as was done in the case of Knowles v. Williams, 62 Ga. 316. As far as the record discloses, the verdict was received in court and entered upon the minutes thereof; and the court did not err in refusing a new trial on this ground of the motion.
3. The contention of the plaintiff in the court below was that he had purchased a tract of land from the defendant; that there was no cleared land on it, and that he had no place to make a support for his family; that defendant, as a. pare of the contract, agreed to let him have a certain field for the purpose of making crops thereon for four years, thus giving him cleared land for farming purposes. After cultivating this field for two years, plaintiff claims he was unlawfully evicted by Shuman, and brought his suit for damages. On the subject of damages the judge charged: “You find what this field was worth to the plaintiff, and whatever that may
4. The defendant denied the contention of the plaintiff as to the contract of renting; the evidence was conflicting on this point, .and the jury accepted the plaintiff’s theory. This they had a right to do; and the trial judge being satisfied with their finding, this court will not control his discretion in refusing a new trial.
Judgmmt affirmed.