Opinion
33038.
ARGUED JANUARY 9, 1978.
DECIDED MARCH 8, 1978.
Injunction, etc. Lumpkin Superior Court. Before Judge Kenyon.
James H. Wood, Jr., for appellant.
Robert E. Andrews, for appellee.
In this action for trespass and injunction, the verdict and judgment in favor of the plaintiff-appellee were authorized by the appellee's deed and a plat made therefrom, which were admitted in evidence without objection; testimony by a surveyor as to the location of the property and his preparation of the plat from the deed; and testimony by the appellee and his son as to the deed, location of the property, occupancy by the appellee, and trespass by the appellant.
"As was said in First Joint Stock Land Bank of Montgomery v. Sasser, 185 Ga. 417, 418 ( 195 S.E. 143), `The motion for new trial contains only the grounds that the verdict is contrary to the evidence, and without evidence to support it; that it is decidedly and strongly against the weight of the evidence; and that it is contrary to law and the principles of justice and equity. Under this situation, the verdict having received the approval of the trial judge, there is, under repeated rulings, but one thing that this court can consider: Are the material issues supported by any evidence?'" Shaw v. Miller, 213 Ga. 511, 513 ( 100 S.E.2d 179) (1957). See also Rutland v. Taylor, 232 Ga. 893 ( 209 S.E.2d 218) (1974); Carter v. Parson, 230 Ga. 177 ( 196 S.E.2d 19) (1973); Barlow v. Wrightsville T. R. Co., 170 Ga. 332 ( 152 S.E. 902) (1930).
Judgment affirmed. All the Justices concur.