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Buchanan v. Ellison

Buchanan v. Ellison, 49 S.E. 724 (Ga. 1905)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
January 28, 1905
Judges
Lamar
Citations
49 S.E. 724121 Ga. 7721905 Ga. LEXIS 66
Summary
Levy and claim. Before Judge Butt. Talbot superior court. May 6, 1904.

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

Opinion of the Court — Lamar

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Lamar, J.

1. Although the sections of the code referred to in the motion for a new trial may have been applicable to the case, it does not appear that the' principles therein embodied were not otherwise sufficiently submitted to the jury, and it is shown that there was no written request to give the sections in charge.

2. There being an express denial by the defendant of the notice and fraud alleged, the evidence supporting a verdict in his favor', and the finding having been approved by tlie presiding judge, this court will not interfere with his refusal to grant a new trial. Freeman v. Mencken, 115 Ga. 1020 .

Judgment affirmed.

All the Justices concur.

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