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WALTON v. JOHNSON

19254.

212 Ga. 378 (1956)

92 S.E.2d 861

WALTON v. JOHNSON.

Supreme Court of Georgia.

Decided April 9, 1956.

Rehearing Denied May 16, 1956.

Attorney(s) appearing for the Case

Jack F. Broyles, Glyndon C. Pruitt, for plaintiff in error.

Johnson, Hatcher & Meyerson, Henry M. Hatcher, Jr., contra.

WYATT, Presiding Justice.

1. The controversy involved in the instant case arose because the jury returned a verdict for the plaintiff for a lump sum for an amount greater than the principal amount and smaller than for principal, interest, and attorney's fees. The decisive question is whether or not the plaintiff can write off that portion of the judgment in excess of the principal amount so as to make the illegal verdict a...

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