81 Ga. 150 | Ga. | 1888
The Gate City Gas-Light Co. brought their action of complaint against John Stephens, wherein it alleged that Stephens xvas indebted to it in the sum of $219.15, besides interest, on account of gas consumed by him, which account he refused to pay. A copy of the complaint was served personally upon the defendant by the sheriff. The record discloses that no plea Avas filed by the defendant; nor is it sIioavii that any answer Avas made by him when the case was called, at the appearance term thereof. Evidence was introduced by the plaintiff to prove the correctness of the account, and to show that Stephens had admitted that the account Avas correct; and it was admitted by the defendant’s counsel that the defendant was administrator on the estate of
' “ It is in proof, and I charge you that the facts of this case are wholly undisputed, that the gas was so furnished as set out in the account sued on ; and that the items of this account are correct and unpaid..... There being no dispute as to the facts of this case, and the question of liability being one of lav/, the court directs you to return a verdict for the plaintiff for the amount of the account sued on, with interest thereon, from the date of the last item, at the rate of seven per cent, per annum.” The exception to this charge is, that it stated the result of the evidence and directed a certain finding by the jury.
If we are right in the foregoing remarks, of course