Jenkins v. Flournoy

Atkinson and Hinrs, JJ.,

concurring" specially.

In the third, fourth, and sixth amended grounds of the motion for new trial the claimant complains of the rejection by the court of certain evidence therein set out; but it appears from the brief of evidence that this evidence was admitted and went to the jury for their consideration. In these circumstances this court will reconcile the statements in the motion for new trial that this evidence was withheld from the jury, and statements in the brief of evidence that it was introduced, on the theory that, while at one time the court made the ruling…