Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

HEMBREE et al. v. IDEAL BUILDERS, INC.

DEEN, Presiding Judge.

The only enumeration of error in the present case is that the verdict and judgment are decidedly and strongly against the weight of evidence. Parenthetically, this case was a bench trial. The stated ground for reversal addresses itself solely to the discretion of the trial judge. Code § 70-206. As Judge Powell pointed out during the first year of the existence of this Court: "This court is a court for the correction of errors in law and in equity alone. It has no authority to entertain as assignment of error that the verdict is contrary to the evidence, if there is any evidence at all to support [it]." Bell Bros. v. Aiken, 1 Ga. App. 36 (2) ( 57 S.E. 1001) (1907). The law allows the trial judge to grant or refuse a new trial in the exercise of his discretion, but this is a power not inherent in the appellate courts. The contention that the judgment is strongly and decidedly against the weight of the evidence addresses itself to the trial judge only. Josey v. State, 197 Ga. 82, 93 ( 28 S.E.2d 290) (1943).

There being no enumeration of error which may be passed upon by this court, the judgment of the trial court is affirmed.

Judgment affirmed. Banke and Carley, JJ., concur.

DECIDED MAY 19, 1981.
Use AI to get other relevant cases.

Comments

HEMBREE v. IDEAL BUILDERS, INC
(May 19, 1981)