Radue v. McCullough

THAGARD, Presiding Judge.

On motion for rehearing by appellant, the original majority opinion of the Court, with Judge Wright dissenting, is withdrawn and the following opinion substituted in lieu thereof.

On July 15, 1968, suit was filed by Bill McCullough, Jr., against H. L. Radue on a note due in the amount of $750.00, plus interest and attorney’s fee. On May 5, 1970, the case was tried and the jury returned a verdict in favor of the plaintiff in the sum of $750.00.

Defendant’s motion for a new trial on the ground that witnesses had improperly been allowed to testify “as to the plaintiff’s…