Legal Opinion

Franklin Buggy Co. v. Carter

Court of Appeals of Georgia

Decided January 21, 1918No. 8858PublishedCited by 2 opinions

Complaint; from Stewart superior court — Judge Littlejohn. April 20, 1917. • Suit on a promissory note signed, “E. L. & J. B. Carter, by J. B. Carter,” and payable to Franklin Buggy Company, was brought by the payee against E. L. and J. B. Carter, who were alleged to be a partnership.

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Complaint; from Stewart superior court — Judge Littlejohn. April 20, 1917. • Suit on a promissory note signed, “E. L. & J. B. Carter, by J. B. Carter,” and payable to Franklin Buggy Company, was brought by the payee against E. L. and J. B. Carter, who were alleged to be a partnership. E. L. Carter filed a plea denying that he had executed the note or had authorized its execution, and denying the existence of the alleged partnership, or that he was a member of the firm, at the time of the execution of the note. The trial of the case resulted in a verdict in his favor. A new trial was refused…

1Opinion of the CourtBloodworth, J.

' 1. There was no error in admitting the testimony of E. L. Carter as complained of in the ground 1 of the amendment to the motion for a new trial.

3. “A ground of a motion for a new trial based upon the admission of testimony is altogether vain and futile unless the ground is complete in itself and shows what objections to the testimony were urged at the time it was offered or admitted. Register v. State, 10 Ga. App. 623 (74 S. E. 429); Smith v. Smith, 133 Ga. 170 (65 S. E. 414); Cook v. State, 134 Ga. 347 (67 S. E. 813); McCray v. State, 134 Ga. 416 (68 S. E. 62, 20 Ann. Cas. 101); Georgia…

2Cases cited15 opinions

  1. McCray v. StateSupreme Court of Georgia · 1910
  2. Register v. StateCourt of Appeals of Georgia · 1911
  3. Bush & Hattaway v. McCarty Co.Supreme Court of Georgia · 1907
  4. Smith v. SmithSupreme Court of Georgia · 1909
  5. Gale v. StateSupreme Court of Georgia · 1910

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3Cited by2 opinions

  1. Cathey v. StateCourt of Appeals of Georgia · 1922
  2. Terrell Electric Co. v. MillerCourt of Appeals of Georgia · 1942

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