Elliott v. Banks
Supreme Court of Georgia
Complaint for land. Before Judge Lumpkin. Fulton superior court. September 17, 1901. In September, 1861, Marshall M. Elliott contracted to sell 222 acres of land to Edward R. Elliott, his brother, for $2,000, making a bond for title and taking two notes for $1,000 each, the first due on December 25, 1861, and the second due one year thereafter.
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Complaint for land. Before Judge Lumpkin. Fulton superior court. September 17, 1901. In September, 1861, Marshall M. Elliott contracted to sell 222 acres of land to Edward R. Elliott, his brother, for $2,000, making a bond for title and taking two notes for $1,000 each, the first due on December 25, 1861, and the second due one year thereafter. The first note was paid at maturity, and Edward R. Elliott went into possession of the land and so remained until his death in 1889. On the second note was a credit of $215, dated June 2, 1862. This note remained in the possession of Marshall M.…
1Opinion of the CourtLittle, J.
1. Refusing to allow a witness to answer a particular question, even if erroneous, is not cause for a 'new trial, when it appears that the witness did testify to all the facts within her knowledge relating to the subject-matter of her examination. White v. Columbus Iron Works Co., 113 Ga. 577 ; Doggett v. Bank, Id. 950.
2. Nor will a new trial be granted for excluding testimony which, even if relevant, was of such slight probative value that it was not in the least degree probable that admitting the same would have affected the result,
3. The widow of an intestate whose administrator is the…
2Cases cited1 opinion
- White v. Columbus Iron Works Co.Supreme Court of Georgia · 1901
3Cited by4 opinions
- City Electric Railway Co. v. SmithSupreme Court of Georgia · 1905
- Travelers Insurance v. AndersonCourt of Appeals of Georgia · 1936
- McWilliams v. McWilliamsSupreme Court of Georgia · 1950
- Sparks v. SparksCourt of Appeals of Georgia · 1972