Sappington v. Bell

Sappington v. Bell, 42 S.E. 233 (Ga. 1902)

Court: Supreme Court of Georgia · State Highest Courts
Decided: July 18, 1902
Judges: Jtish
Citations: 42 S.E. 233115 Ga. 8561902 Ga. LEXIS 628

Cited by 35

Summary

Equitable petition. Before Judge Lumpkin. Fulton superior court. September 25, 1901.

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

Opinion of the Court — Jtish

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JTish, J.

1. A jury in arriving at a conclusion upon disputed issues of fact may believe a part of the testimony of a witness or witnesses, and reject another part thereof, it being their duty to ascertain the truth of the case from the opinion they entertain of all the evidence submitted for their consideration.

2. Where a petition sets up separate and distinct demands against the defendant and embraces prayers for alternative relief, it is not prejudicial to the plaintiff for the court to frame its instructions accordingly ; and the more especially is this so when the plaintiff insists that both .demands be submitted to and passed upon by the jury.

S. There was in the present case evidence warranting a finding against the petitioners for the specific relief sought, and in favor of the petitioners for a recovery in money.

Judgment affirmed.

All the Justices concuiying, except Lewis, J., absent.

How later courts describe this case

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

Cited by 35 cases

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Relies on it most ⓘ

Reaves v. Columbus Electric & Power Co.122 S.E. 824 (Ga. Ct. App. 1924)
Kelly v. Locke198 S.E. 754 (Ga. 1938)
Ocean Accident Guarantee Corporation v. Lane12 S.E.2d 413 (Ga. Ct. App. 1940)
Royal Crown Bottling Co. v. Bell111 S.E.2d 734 (Ga. Ct. App. 1959)
Sherman v. Stephens118 S.E. 567 (Ga. Ct. App. 1923)
Southern Railway Co. v. Wessinger124 S.E. 100 (Ga. Ct. App. 1924)

Most recent

Northern Telecom, Inc. v. Wilkerson466 S.E.2d 221 (Ga. Ct. App. 1995) · Dissent
Gardner v. State334 S.E.2d 368 (Ga. Ct. App. 1985)
Jones v. State283 S.E.2d 691 (Ga. Ct. App. 1981)
Frazier v. State264 S.E.2d 34 (Ga. Ct. App. 1979)
Sharp v. Thomas186 S.E.2d 539 (Ga. Ct. App. 1971)
Fuels, Inc. v. Rutland179 S.E.2d 290 (Ga. Ct. App. 1970)

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 0

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