22 Ga. App. 763 | Ga. Ct. App. | 1918
A justice of the peace issued an execution on the foreclosure" of a laborer’s lien in favor of Shaw against -Trice, which was levied, and a counter-affidavit was filed. On appeal to a jury in the justice’s court the evidence showed that Shaw and his brother-in-law, Story, worked a farm on the land of Trice, on shares, Trice to have half of the crop and Shaw and Story a fourth
Even with this clearly illegal portion of the verdict stricken, there are no facts to support the finding of that portion of the verdict expressed in dollars and cents. Judging from the verdict rendered, the jury had before it evidence not incorporated in the petition, which was adopted by the justice of the peace as his an7 swer. Yet neither traverse nor exception to the answer was filed, and we must decide the issue upon the record as brought to us. There -was no testimony whatever as to the value of the cotton. “A hew'trial will be granted'when the verdict of the jury is so uncertain that it can not be executed, or is expressed in such terms that an objectionable part can not be set aside with justice to both parties.” Mitchell v. Printup, 27 Ga. 469. Darien & Western R. Co. v. McKay, 132 Ga. 672 (64 S. E. 785). The judge of the superior court erred in overruling the certiorari.
Judgment reversed.