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Lawskills.com Georgia Caselaw
GIVENS v. GRAY.
47049.
EBERHARDT, Presiding Judge.
Dispossessory warrant. Fulton Civil Court. Before Judge Webb.
It appears that all issues made by the pleadings, including the dispossessory proceeding, answer and counterclaim, which were within the jurisdiction of the court in which the cause pended were tried and findings made thereon and judgment accordingly entered in the trial court. The trial was held before a judge without a jury."[W]here the trial judge, sitting as trior of the facts, hears the evidence, his findings based upon conflicting evidence is analogous to the verdict of a jury and should not be disturbed by a reviewing court if there is any evidence to support it. Kelly v. Kelly, 146 Ga. 362 (91 SE 120); Phillips v. Phillips, 161 Ga. 79 (129 SE 644); Perkins v. Courson, 219 Ga. 611, 616 (135 SE2d 388); Bass v. Bass, 222 Ga. 378, 388 (149 SE2d 818)." West v. West, 228 Ga. 397, 398 (185 SE2d 763). See also Gravitt v. Employees Loan &c. Corp., 75 Ga. App. 561 (44 SE2d 159). "Where a trial judge hears a case without the intervention of a jury, the credibility of the witnesses is for his determination. Boynton v. State, 11 Ga. App. 268 (75 SE 9); Goggans v. State, 14 Ga. App. 822 (2) (82 SE 357); Holbrook v. Rodgers, 105 Ga. App. 219, 221 (124 SE2d 443)." Simmons v. State, 111 Ga. App. 553 (1) (142 SE2d 308). After judgment every presumption and inference favors it and the evidence must be construed to uphold rather than to destroy it. Young Men's Christian Assn. v. Bailey, 112 Ga. App. 684, 690 (146 SE2d 324). These principles were applied in Freidenburg & Co. v. Jones, 63 Ga. 612, a landlord-tenant case.
Examining the record of the evidence in this case we find there was evidence to support the judgment entered.
George L. Howell, for appellant.
ARGUED APRIL 5, 1972 -- DECIDED MAY 5, 1972 -- REHEARING DENIED MAY 16, 1972.
Friday May 22 14:40 EDT


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