Upshaw Bros. v. Stephens
Court of Appeals of Georgia
Foreclosure of lien; from Douglas superior court — Judge Irwin. April 9, 1920. The nature of the ease appears from the charge of the court, set out below. There was a general verdict for the defendant. The plaintiffs excepted to the overruling of a motion for a new trial.
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Foreclosure of lien; from Douglas superior court — Judge Irwin. April 9, 1920. The nature of the ease appears from the charge of the court, set out below. There was a general verdict for the defendant. The plaintiffs excepted to the overruling of a motion for a new trial. The ground referred to in paragraph 1 of the decision is as follows: "4th: Because, the court did not sustain the objections of J. H. McLarty, counsel for the plaintiff, to objections made of L. C. Upshaw, a witness sworn for the plaintiff: c Q. What did you do then ?’ A.f We levied on some — referring to crop. He had some…
1Opinion of the CourtStephens, J.
1. Even if the ruling in regard to the admissibility of oral testimony as to the fact of levy was subject to the objection stated in the 4th ground of the motion for a new trial, it relates only to a collateral issue in the case, and could in no way have operated to prejudice the plaintiff’s case before the jury.
2. The 5th assignment of error, excepting to certain documentary evidence described as cotton bills only, without giving the contents of the bills or their substance, is incomplete and cannot be considered.
3. The 6th assignment of error, excepting to the admission in evidence of a…
2Cited by3 opinions
- Bradbury v. Mead Corp.Court of Appeals of Georgia · 1985
- Barbre v. ScottCourt of Appeals of Georgia · 1947
- Hawkins v. HaynesCourt of Appeals of Georgia · 1929