Kimsey v. Rogers

This is the third appearance of this ease before this court. 163 Ga. 146; 166 Ga. 176. After a very careful scrutiny of the record and of the various assignments of error, the court is of the opinion that the evidence, though conflicting, was sufficient to authorize the verdict, and that the assignments of error relating to the instructions given by the court, when the charge as a whole is considered with the excerpts therefrom of which complaint is made, are without merit. The evidence alleged to be newly discovered seems to have been obtained only by postmortem diligence, and by ordinary…