Todd v. Jackson
Court of Appeals of Georgia
Foreclosure of lien; from city court of Newnan—Judge Post. April 7, 1919. Jackson, a cropper of Todd, foreclosed a laborer’s lien for a sum which he contended’ was due for his share of the crop made by him on the defendant’s land. The defendant filed a counter-affidavit, denying indebtedness, and on the trial of the issue the verdict was in favor of the plaintiff.
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Foreclosure of lien; from city court of Newnan—Judge Post. April 7, 1919. Jackson, a cropper of Todd, foreclosed a laborer’s lien for a sum which he contended’ was due for his share of the crop made by him on the defendant’s land. The defendant filed a counter-affidavit, denying indebtedness, and on the trial of the issue the verdict was in favor of the plaintiff. The instruction quoted in paragraph 2 of the foregoing decision relates to cotton which the plaintiff contended was a part of his share of the crop.
1Opinion of the CourtSmith, J.
1. The newly discovered evidence offered in support of the motion for a new trial being of such a character as probably would, if credited by the jury, produce a different result upon another investigation, the trial judge erred in overruling the motion. Although newly discovered evidence may be somewhat cumulative of testimony previously introduced, and impeaching in its character, the real ultimate criterion is the probability of a different result. Mitchell v. State, 6 Ga. App. 554 (4), 558 (65 S. E. 326); Nolan v. State, 14 Ga. App. 824 (82 S. E. 377), and cit.; Paden v. State, 17 Ga.…
2Cases cited3 opinions
- Mitchell v. StateCourt of Appeals of Georgia · 1909
- Nolan v. StateCourt of Appeals of Georgia · 1914
- Paden v. StateCourt of Appeals of Georgia · 1915
3Cited by7 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- McDaniel v. StateCourt of Appeals of Georgia · 1946
- Pace v. StateCourt of Appeals of Georgia · 1970
- Harper v. StateCourt of Appeals of Georgia · 1934
- Stembridge v. StateCourt of Appeals of Georgia · 1951
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