Boehm, Bendheim & Co. v. Juchter
Supreme Court of Georgia
New trial. Yerdict. Before Judge Tompkins. Chat-ham Superior Court. May Term, 1868, To the report contained in the decision it is only necessary to add, that one of the grounds of the motion for new-trial was newly discovered evidence, consisting of entries on plaintiffs’ books not previously discovered.
1Opinion of the Court
Warner, Chief Justice.
This case came before the court below on an issue formed upon an affidavit of illegality to a fi. fa. issued on the foreclosure of a mortgage of personal property. On the trial of the case the jury, under charge of the court, found a verdict in favor of the defendant. A motion was made for a new trial on the grounds therein stated, which was overruled, and the plaintiff excepted.
1. It appears from the evidence in the record, that the defendant had been a clerk for the plaintiffs, and had served them faithfully during the yellow fever epidemic in Savannah, and they…
2Cases cited1 opinion
- Planters' Bank v. HouserSupreme Court of Georgia · 1876
3Cited by1 opinion
- Corley v. Carolina Portland Cement Co.Court of Appeals of Georgia · 1924