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Roddenberry Hardware Co. v. Merritt

Roddenberry Hardware Company v. Merritt

Roddenberry Hardware Co. v. Merritt, 87 S.E. 681 (Ga. Ct. App. 1916)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
January 6, 1916
Docket
No. 6314
Judges
Broyles
Citations
87 S.E. 68117 Ga. App. 4251916 Ga. App. LEXIS 982
Cited by 19
Summary
Attachment; from city court of Cairo — Judge Singletary. December 24, 1914.

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

Opinion of the Court — Broyles

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

Broyles, J.

1. The first, second, and third grounds of the amendment to the motion for a new trial, failing to set out literally or in substance the particular evidence, the admission of which is assigned as error, present no question for decision. Shaw v. Jones, 133 Ga. 446 (9), 450 ( 66 S. E. 240 ); Davis v. Gaskins, 137 Ga. 450 (2), 451 ( 73 S. E. 579 ).

2. The fourth ground of the amendment to the motion for a new trial can not be considered, as the contract (the admission of a carbon copy of which is assigned as error) is not set forth, either literally or in substance, in that ground. Stewart v. Randall, 138 Ga. 796 (5), 797 ( 76 S. E. 352 ).

3. The refusal of a trial judge to direct a verdict is never reversible error;- and, accordingly, there is no merit in the fifth ground of the amendment to the motion for a new trial.

4. However, upon the general grounds it appears that the judgment must be reversed, because nowhere in the record is there any evidence to -support the amount of the verdict returned in favor of the plaintiff'.

Judgment reversed.

How later courts describe this case

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

Cited by 19 cases

View all citing references →
1916: 11917: 11922: 11925: 31926: 11927: 11930: 11936: 11948: 11949: 11950: 11952: 11957: 11962: 21964: 11971: 119162026peak 1925 · 3

Relies on it most ⓘ

  1. Tallent v. McKelvey125 S.E.2d 65 (Ga. Ct. App. 1962)
  2. Powers v. Pate129 S.E.2d 193 (Ga. Ct. App. 1962)
  3. Franklin v. State112 S.E. 170 (Ga. Ct. App. 1922)
  4. Craig v. Augusta Roofing & Metal Works Inc.51 S.E.2d 565 (Ga. Ct. App. 1949)
  5. Denham v. Shellman Grain Elevator, Inc.181 S.E.2d 894 (Ga. Ct. App. 1971)
  6. Stembridge v. State60 S.E.2d 491 (Ga. Ct. App. 1950)

Most recent

  1. Denham v. Shellman Grain Elevator, Inc.181 S.E.2d 894 (Ga. Ct. App. 1971)
  2. Piedmont Life Insurance v. Bell135 S.E.2d 916 (Ga. Ct. App. 1964)
  3. Powers v. Pate129 S.E.2d 193 (Ga. Ct. App. 1962)
  4. Tallent v. McKelvey125 S.E.2d 65 (Ga. Ct. App. 1962)
  5. Carpenter v. Tucker98 S.E.2d 151 (Ga. Ct. App. 1957)
  6. Cowart v. McLarin73 S.E.2d 507 (Ga. Ct. App. 1952)

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 3

DepthCaseCited by
Shaw v. Jones, Newton & Co., 66 S.E. 240 (Ga. 1909) 85
Stewart Bros. v. Randall Bros., 76 S.E. 352 (Ga. 1912) 17
Davis v. Gaskins, 73 S.E. 579 (Ga. 1912) 5

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