Place v. Elliott

The judgment entry of the Court of Appeals recites that “there is error apparent upon the record and the proceedings of said court to the prej udice of the appellant, C. K. Elliott.” However the entry made no specific finding of error in the trial. In its opinion, the court enumerates two errors prejudicial to the rights of Elliott.

The first related to the court’s charge on the subject of “admissions.” The court charged the jury that “any admissions contained in these pleadings, however, you may accept as true without further proof.” The Court of Appeals concluded that the quoted sentence was…