DocketNumber: 40644
Citation Numbers: 109 Ga. App. 624
Judges: Eberhardt
Filed Date: 4/28/1964
Status: Precedential
Modified Date: 1/12/2023
In the vernacular of my boyhood days this is a real, genuine “dog-gone” case. A little bitch named “Boy”—a contradiction so confusing perhaps even to the animal itself that it may have decided to seek another shelter and another master—was the “bone of contention” in a trial that lasted long enough to produce a 125 page brief of the evidence in the record on appeal. A review of that evidence discloses that the plaintiff’s claim of ownership was amply supported—a claim which the defendant never denied. But the evidence was in sharp conflict as to whether the defendant had ever been in possession—a fact which defendant vehemently and vigorously denied. It was further disclosed that plaintiff had recovered possession some time prior to the trial when she, the little bitch, was found running loose. Ordinarily that should have ended this litigation, and might well have done so but for the apparent fact that plaintiff’s feelings had been grossly ruffled by what was thought to have been an attempt on the part of the defendant surreptitiously to acquire an animal that had every promise of becoming an affectionate, loyal protector and friend.
While cases involving “man’s best friend” infrequently reach our appellate courts, they have gotten elaborate treatment once
The instant case again illustrates the high esteem in which members of the dog kingdom are generally held by humans. Here, plaintiff recovered possession of her dog “Boy" before trial but pursued her remedy in court. Now she complains that the adverse verdict at the hands of the jury is an adjudication of title in the defendant. We hardly see how this could be the situation because the evidence of plaintiff’s ownership was uncontradicted and the defendant never claimed title. Our interpretation of the meaning of the verdict is simply that the defendant never had possession of the dog. See Ben Hyman &
Judgment affirmed.