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Adams v. Clark

Adams v. Clark, 64 Ga. 648 (1880)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
February 15, 1880
Judges
Jackson
Citations
64 Ga. 648
Headnotes
1. A justice of the peace, on a trial before a jury in his court, may or may not give the law in charge to the jury, at his option. If he does so, and charges the law correctly, it will not be ground for a new trial. 2. The verdict is supported by the evidence in this case.
Summary
Justice Courts. Yerdict. Before Judge Speer. Pike Superior Court. October Term, 1879. Beported in the decision.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Jackson

Text extracted by OCR from a scanned original; check the original for exact wording.

Jackson, Justice.

The suit in the justice court was for twenty-five dollars, on a note for the hire of a horse for a year for farm work. The defense was that the horse was worthless, and could not and did not do the work, but broke down and died after some three weeks of very inefficient work.

On the trial before the jury, after a charge by the justice of the peace, the jury found for defendant, and the plaintiffs carried the case to the superior court by certiorari on the ground that the justice of the peace charged the jury at all, and that the verdict is without evidence and against law. The certiorari was dismissed and the judgment affirmed, and error is assigned here therefor.

1. The justice of the peace may or may not give the law in charge to the jury, at his option. He is not bound to do so, but to do so if it pleases him to give the charge, and if the law as given in charge be correct, is not error which would demand and necessitate the setting aside of the verdict and the grant of a new trial. 21 Ga., 192 .

2. The evidence is that the horse did utterly fail — died in three weeks — must have been diseased when.hired, and it is ample to sustain the verdict.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1887: 11891: 11893: 11935: 118872026peak 1887 · 1

Relies on it most ⓘ

  1. Hirth v. Graham50 Ohio St. (N.S.) 57 (1893)
  2. Decatur Chevrolet Co. v. White180 S.E. 377 (Ga. Ct. App. 1935) · Dissent
  3. Freeman v. Exchange Bank13 S.E. 160 (Ga. 1891)
  4. Favors v. Johnson4 S.E. 925 (Ga. 1887)

Most recent

  1. Decatur Chevrolet Co. v. White180 S.E. 377 (Ga. Ct. App. 1935) · Dissent
  2. Hirth v. Graham50 Ohio St. (N.S.) 57 (1893)
  3. Freeman v. Exchange Bank13 S.E. 160 (Ga. 1891)
  4. Favors v. Johnson4 S.E. 925 (Ga. 1887)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Johnson v. Nelms, 21 Ga. 192 (1857) 3

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