Legal Opinion

Martin v. Hutchinson

Court of Appeals of Georgia

Decided December 15, 1920No. 11679PublishedCited by 10 opinions

Complaint; from city court of Yaldosta — Judge Cranford. June 11, 1920.

1Opinion of the CourtBroyles, C. J.

1. While a party seeking to prove a fact should, on demand , of the other party, be required to produce the highest and best evidence of the fact, yet parol evidence of a collateral fact which is also evidenced by writing is sometime admissible. 2. Jones on Evidence (1st ed.), 193, § 203; Pollock v. Skelton, 15 Ga. App. 1, 13 (82 S. E. 381). See also Mason v. State, 1 Ga. App. 534(4) (58 S. E. 139). Moreover, substantially the same evidence the admission of which is complained of in the 4th ground of the motion for a new trial in the instant case was admitted elsewhere upon the trial without…

2Cases cited3 opinions

  1. Mason v. StateCourt of Appeals of Georgia · 1907
  2. Jambs v. BoyettCourt of Appeals of Georgia · 1917
  3. Pollock v. SkeltonCourt of Appeals of Georgia · 1914

3Cited by10 opinions

  1. Whatley v. HenryCourt of Appeals of Georgia · 1941
  2. Western & Atlantic Railroad v. MathisCourt of Appeals of Georgia · 1940
  3. Halliburton v. CollierCourt of Appeals of Georgia · 1947
  4. Keplinger v. CookCourt of Appeals of Georgia · 1967
  5. Reville v. SullivanCourt of Appeals of Georgia · 1955

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