SCHAEFER v. C. SCHOMBURG & SON, INC.

21304.

217 Ga. 170 (1961)

121 S.E.2d 642

SCHAEFER v. C. SCHOMBURG & SON, INC.

Supreme Court of Georgia.

Decided September 7, 1961.


Attorney(s) appearing for the Case

Grover C. Willis, Jr., for plaintiff in error.

John G. Cozart, James H. Fort, contra.


DUCKWORTH, Chief Justice.

1. Where, as here, the bill of exceptions recites that after the evidence closed the court called opposing counsel into conference as to the issues involved, and that counsel on both sides agreed "that the only issue to be submitted to the jury was the right of possession to the 2 foot by 21.59 feet strip of land parallel to Broadway and from 70 to 72 feet west of Broadway," the charge submitting this as the only issue is not subject to attack...

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