Erskine & Co. v. Duffy
Supreme Court of Georgia
Practice in Supreme Court. Newr Trial. Charge of Court. Contracts. Newly Discovered Evidence. Before Judge Clarke. City Court of Atlanta. September Term, 1885. On June 25, 1884, Duffy brought suit against Erskine & Company on an open account for a balance of $1,247.49,-principal. The defendant filed pleas .of the general issue arid set-off.
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Practice in Supreme Court. Newr Trial. Charge of Court. Contracts. Newly Discovered Evidence. Before Judge Clarke. City Court of Atlanta. September Term, 1885. On June 25, 1884, Duffy brought suit against Erskine & Company on an open account for a balance of $1,247.49,-principal. The defendant filed pleas .of the general issue arid set-off. On the trial, the issue was narrowed, so that the real point in controversy was this: The plaintiff, who was a peddler, purchased goods from the defendants, and in the course of his dealings with them remitted them money at various times. They deposited…
1Opinion of the Court
Hall, Justice.
1. A bill of exceptions to a judgment granting or refusing to grant a new trial will not be dismissed on the motion of the defendant in error, because it fails specifically to set forth the errors alleged to exist in such judgment. The writ of error will not be dismissed for this reason, and *608the party deprived of a hearing, at least as to the general grounds which are usually relied on to obtain a new trial, or such as set out newly discovered evidence which might or should produce a different result on another trial. The motion for a new trial, and the grounds thereof, have…
2Cases cited1 opinion
- Hall's Self-Feeding Cotton Gin Co. v. BlackSupreme Court of Georgia · 1883
3Cited by8 opinions
- Illges v. DexterSupreme Court of Georgia · 1886
- Evans v. GrierCourt of Appeals of Georgia · 1923
- Pidcock v. NaceCourt of Appeals of Georgia · 1915
- Hunley v. StateSupreme Court of Georgia · 1898
- Link v. Union Pac. Ry. Co.Wyoming Supreme Court · 1892
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