A trespass to personal property is t he use of someone's property without person. A conversion occurs when personal property is taken by a defendant and kept from its true owner without permission of the owner. Conversion is the civil side of the crime of theft. Demand and refusal are necessary for the maintenance of an action for conversion in all cases in which defendant was rightfully in possession.
Georgia Instruction to Jury that Demand for and Refusal of Possession is Prima Facia Evidence of Conversion
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Section 44-7-50 - Demand for possession; procedure upon a tenant's refusal; concurrent issuance of federal lease termination notice (a) In all cases when a tenant holds possession of lands or tenements over and beyond the term for which they were rented or leased to such tenant or fails to pay the rent when it becomes ...
"A trial court may grant a directed verdict or judgment notwithstanding the verdict only if there is no conflict in the evidence, and the evidence presented, with all reasonable inferences therefrom, demands a particular verdict." SEC, Inc. v. Puckett, 252 Ga.
If a judge tries the case, the judge's decision is called a judgment. If a jury tries the case, the jury's decision is called a verdict. In determining a defendant's guilt or innocence, the judge or jury can consider only the testimony of witnesses and any evidence properly admitted during the trial.
- Act of directing a verdict or granting a motion for judgment notwithstanding the verdict declares that there is no conflict in the evidence, and that all deductions and inferences from the evidence introduced demand a particular verdict.
Conversion may be generally defined as illegitimately depriving an owner of personal property without his or her consent. In Georgia, trover is the legal action that may be initiated by a property owner to recover converted property.
A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
If the judge grants a default judgment, the plaintiff is entitled to the amount of money damages specified in the suit, plus court costs. If the plaintiff is asking for any non-money damages (such as property), a separate hearing must be held to determine the dollar value of the damages.
A motion for judgment notwithstanding the verdict (JNOV) is a motion asking the court to enter a judgment disregarding the verdict rendered by the jury. The motion argues that no reasonable jury could reach the verdict that the jury reached in the particular case.