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Spivey v. Eavenson

Court of Appeals of Georgia
Jun 22, 1979
258 S.E.2d 54 (Ga. Ct. App. 1979)

Opinion

57537.

SUBMITTED APRIL 3, 1979.

DECIDED JUNE 22, 1979.

Damages; shooting hound dog. Elbert Superior Court. Before Judge Grant.

Jerry N. Neal, for appellant. Smith Shiver, Truett Smith, Thomas L. Hodges, III, for appellee.


Plaintiff-appellee brought suit for damages alleging that defendant-appellant did in violation of Code Ann. § 62-2005 kill a dog belonging to plaintiff. From a judgment in favor of plaintiff, defendant appeals. We affirm.

1. Defendant's sole contention on appeal is that the court committed reversible error in refusing to direct a verdict in his behalf. We disagree.

"`The direction of a verdict is proper only where there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict. Code Ann. § 81A-150 (a). A verdict may only be directed in situations where, if there were a determination the other way, it would have to be set aside by the court. [Cit.]'" Kelly Ford, Inc. v. Paracsi, 141 Ga. App. 626 (2) ( 234 S.E.2d 170).

As there was conflicting evidence regarding the justification of defendant's actions under Code Ann. § 62-2005, there was a material issue of fact to submit to the jury. The trial court properly denied defendant's motion for a directed verdict.

2. Appellee filed a motion for damages pursuant to Code Ann. § 6-1801. As we are not satisfied that this appeal was made for delay only, the motion is denied.

Judgment affirmed. Deen, C. J., and McMurray, P. J., concur.

SUBMITTED APRIL 3, 1979 — DECIDED JUNE 22, 1979.


Summaries of

Spivey v. Eavenson

Court of Appeals of Georgia
Jun 22, 1979
258 S.E.2d 54 (Ga. Ct. App. 1979)
Case details for

Spivey v. Eavenson

Case Details

Full title:SPIVEY v. EAVENSON

Court:Court of Appeals of Georgia

Date published: Jun 22, 1979

Citations

258 S.E.2d 54 (Ga. Ct. App. 1979)
258 S.E.2d 54

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