Pease v. Dibble & Bunce
Supreme Court of Georgia
Judgments. Attorney and client. New trial. Before Judge Tompkins. McIntosh Superior Court. November Term, 1875. The following, taken in connection with the decision, sufficiently reports this case: Defendant moved for a new trial on the following, among other grounds: 1st. Because the jury found contrary to that part of the charge which stated that payment to an attorney is payment to his client. 2d.
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Judgments. Attorney and client. New trial. Before Judge Tompkins. McIntosh Superior Court. November Term, 1875. The following, taken in connection with the decision, sufficiently reports this case: Defendant moved for a new trial on the following, among other grounds: 1st. Because the jury found contrary to that part of the charge which stated that payment to an attorney is payment to his client. 2d. Because of the newly discovered evidence of J. W. Fannin, who would testify that he had been consulted by defendant in regard to the case at bar; that he afterwards met Bacon, and spoke to him…
1Opinion of the Court
Warner, Chief Justice.
This case came before the court below on a scire facias to revive a judgment. The defendant pleaded that, the judgment had been paid, and on the trial of that issue,'the jury, under the charge of the court, found a verdict in favor of the plaintiffs. The defendant made a motion for a new trial on the several grounds therein set forth, which was overruled by the court, and the defendant excepted.
The evidence in the record, as to the payment of the judgment, was conflicting, and the charge of the court was quite as favorable to the defendant as he was entitled to under the…
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