Legal Opinion
Armstrong Furniture Co. v. Nickle
Court of Appeals of Georgia
Decided November 24, 1964No. 40825PublishedCited by 15 opinions
1Opinion of the Court
Bell, Presiding Judge.
The first special ground of the motion for new trial assigns as error the admitting into evidence over defendants’ objections proof of the testimony of Eugene Darnell, a witness on a former trial of the same case.
Prior to admission of the proof of the inaccessible witness’ testimony on the former trial the witness’ wife testified that the witness was out of the country. This testimony was sufficient to make a prima facie showing of the witness’ inaccessibility within the purview of Code § 38-314. Eagle &c. Mfg. Co. v. Welch, 61 Ga. 444, 448 (2); Estill v. C. & S. Bank,…
2Cases cited8 opinions
- Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
- Hightower v. LandrumCourt of Appeals of Georgia · 1964
- Blakewood v. Yellow Cab CompanyCourt of Appeals of Georgia · 1939
- RUSS TRANSPORT, INC. v. JonesCourt of Appeals of Georgia · 1961
- Nickle v. ARMSTRONG FURNITURE COMPANY INC.Court of Appeals of Georgia · 1963
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Stapleton v. PalmoreSupreme Court of Georgia · 1982
- Bowers v. EstepCourt of Appeals of Georgia · 1992
- Smith v. Tri-State Culvert Manufacturing Co.Court of Appeals of Georgia · 1972
- Gray v. Delta Air Lines, Inc.Court of Appeals of Georgia · 1972
- Jarrett v. ParkerCourt of Appeals of Georgia · 1975
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