Morrison, Marshal, v. Smith

1 Citing case

  1. Dolvin v. Caldwell

    107 S.E.2d 199 (Ga. 1959)   Cited 2 times

    The effect of the verdict as returned was to disregard the original instructions of the court that the jury might find a permanent injunction in favor of Dolvin, or in favor of the Caldwells, since it merely granted the Caldwells an injunction for "twelve months." While the trial judge, in his judgment, treated the "recommendation that the wire be removed from the premises of J. B. Dolvin within twelve months from this date," as surplusage, which he would be authorized to do where "a verdict, in addition to answering the issues involved, contains immaterial findings or findings on matters not in issue" ( Fleming v. Collins, 190 Ga. 210, 213, 9 S.E.2d 157; see also Eidson v. Cheek, 212 Ga. 201 (2), 91 S.E.2d 498, City of Sylvania v. Miller, 210 Ga. 290 (2), 79 S.E.2d 808, and Morrison v. Smith, 208 Ga. 521, 67 S.E.2d 577) yet, "A verdict that is contradictory and repugnant is void, and no valid judgment can be entered thereon. A judgment entered on such a verdict will be set aside.