Shipley v. Eiswald
Supreme Court of Georgia
New trial. Newly discovered evidence. Before Judge Hall. Rockdale Superior Court. October Term, 1874. Eiswald brought trover against Shipley for two sorrel horses and a two-horse wagon and double harness, alleged to be of the value of $360 00, and worth $3 00 per day for hire. The defendant pleaded the general issue.
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New trial. Newly discovered evidence. Before Judge Hall. Rockdale Superior Court. October Term, 1874. Eiswald brought trover against Shipley for two sorrel horses and a two-horse wagon and double harness, alleged to be of the value of $360 00, and worth $3 00 per day for hire. The defendant pleaded the general issue. The evidence for the plaintiff was, in substance, as follows: 1st. Contract signed by W. B. Roberts, of date January 14th, 1873, by which he agreed to purchase from plaintiff two sorrel, one gray, and one bay, colored horses, two wagons and two sets of harness, for $720 00, to be…
1Opinion of the Court
Bleckley, Judge.
The motion for new trial -contains various grounds, but none of them were insisted upon before this court except those relating to newly discovered evidence and to the insufficiency' of the evidence to support the verdict. It is complained that Judge Hall, in acting upon the newly discovered evidence, pursued a practice not warranted by law, hearing counter-affidavits from the opposite party, and receiving certain documentary evidence to contradict and discredit one of the witnesses whose affidavit was produced by the movant. It is complained, also, that the judge refused to…
2Cited by9 opinions
- American Grocery Co. v. KennedySupreme Court of Georgia · 1897
- Crooker v. HamiltonCourt of Appeals of Georgia · 1907
- Selman v. ManisCourt of Appeals of Georgia · 1959
- Turner v. PearsonSupreme Court of Georgia · 1894
- Callaway v. PerkinsCourt of Appeals of Georgia · 1927
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