McLean v. Hattan
Supreme Court of Georgia
Trover. Before Judge O’Steen. City court of Douglas. December 14, 1905. McLean brought an action of trover against H. T. Hattan and Charlie Brewer, to recover certain mules; the defendants denied the title of plaintiff, and set up title in themselves. The jury returned a verdict in favor of the defendants, and the plaintiff excepts to a judgment overruling his motion for a new trial.
1Opinion of the CourtCobb, P. J.
(After stating the facts.)
In two of the grounds of the motion for a new trial complaint Is miade of the admission of evidence, on the ground that it is immaterial and irrelevant. To each ground the judge appends a note, stating that in -his charge he instructed the jury not to consider ihé evidence, as it did not bear upon any material issue in the case. These instructions of the judge were, in effect, a ruling out of the -evidence; and therefore the admission of the evidence in the first instance affords no reason for reversing the judgment.
Complaint is made that the court charged the jury…
2Cited by7 opinions
- Hunt v. PollardCourt of Appeals of Georgia · 1937
- Buice v. CampbellCourt of Appeals of Georgia · 1959
- Weaver v. WeaverSupreme Court of Georgia · 1976
- Robinson v. GrayCourt of Appeals of Georgia · 1918
- Perry v. Lowry Co.Court of Appeals of Georgia · 1923
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