Fresh v. Weinberg

This was a dispossessory proceeding in the municipal court of Atlanta. There was evidence supporting the plaintiff’s contention that the defendant, as tenant of the rented property, entered into a valid agreement for a rescission of the contract of rental. The specific grounds of exception do not authorize setting the verdict aside.

The evidence set forth in the 3d ground of the petition for certiorari, as having been illegally admitted, appears to have been subsequently excluded by the court, and the jury were instructed in terms to disregard it. The general rule that such action is…