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Midland Guardian Company v. Rumsey

Court of Appeals of Georgia
Sep 10, 1980
272 S.E.2d 567 (Ga. Ct. App. 1980)

Opinion

60300.

ARGUED JULY 10, 1980.

DECIDED SEPTEMBER 10, 1980.

Writ of possession. Cobb State Court. Before Judge Cauthorn.

Laurie C. Davis, for appellant.

J. Fred Ivester, for appellee.


The plaintiff, having prevailed in its trover action to recover certain property, appeals from the failure to grant hire. Held:

1. The instructions on the preponderance of evidence were not the subject of a timely objection as required by Code Ann. § 70-207 (a) in order to be reviewable. Reynolds v. Huckeba, 231 Ga. 792, 794 ( 204 S.E.2d 149).

2. The errors enumerated with regard to the portion of the charge dealing with hire and the failure to direct a verdict on that issue are not meritorious. The plaintiff failed to carry its burden of demonstrating error since the presence of evidence requiring a finding as to the amount of hire is not sustained by the transcript sent to this court.

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

ARGUED JULY 10, 1980 — DECIDED SEPTEMBER 10, 1980.


Summaries of

Midland Guardian Company v. Rumsey

Court of Appeals of Georgia
Sep 10, 1980
272 S.E.2d 567 (Ga. Ct. App. 1980)
Case details for

Midland Guardian Company v. Rumsey

Case Details

Full title:MIDLAND GUARDIAN COMPANY v. RUMSEY

Court:Court of Appeals of Georgia

Date published: Sep 10, 1980

Citations

272 S.E.2d 567 (Ga. Ct. App. 1980)
155 Ga. App. 693