Knowles v. Williams
Supreme Court of Georgia
Practice in the Superior Court. Evidence. New trial. Before Judge Harris. Pierce Superior Court. September Term, 1878. Williams sued Knowles et al. on two notes given for the purchase money of a saw-mill. Knowles pleaded failure of consideration, in that the mill was not in repair as warranted. On the trial the jury found for plaintiff.
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Practice in the Superior Court. Evidence. New trial. Before Judge Harris. Pierce Superior Court. September Term, 1878. Williams sued Knowles et al. on two notes given for the purchase money of a saw-mill. Knowles pleaded failure of consideration, in that the mill was not in repair as warranted. On the trial the jury found for plaintiff. By some accident, it seems that a declaration in another case between the same parties was sent out with the jury, and they wrote their verdict upon that, instead of on the declaration in this case. After its return into court, defendants made a motion in…
1Opinion of the Court
Jackson, Justice.
1. Error is assigned, that the court erred in permitting the verdict to be transferred from a wrong declaration, which they seem to have had by mistake, to the declaration on which the trial was had, the jury being in court and having just delivered their verdict. Similar irregularities have been frequently corrected, and we do not see that error was committed. The ground of complaint is, that the court erred in allowing the transfer, not that the paper was out in the jury room which ought not to have been there.
2. The letter contained internal, evidence that it referred to…
2Cited by2 opinions
- Shuman v. SmithSupreme Court of Georgia · 1897
- Patterson v. HarrisSupreme Court of Georgia · 1936