Bray v. Freeman

“A new trial will not be granted because a witness swore on the trial to a fact wholly unexpected to the plaintiff, who at the time knew that the statement was false, and that he could so prove by a witness whose testimony he could have procured had he thought such proof was necessary. The party surprised by the statement of the witness should have moved for a continuance. He cannot take his chances of a verdict and then claim surprise.” Beckford v. Chipman, 44 Ga. 543, 546; Sanders v. State, 7 Ga. App. 603, 604 (67 S. E. 696). Under this rule, in a suit on a promissory note where the defense…