Poythress v. Hagan Grocery Co.

1. A charge that the plaintiff could recover interest when it was not sued for was not an expression of an opinion upon the facts, and could not prejudice the jury against the defendant. Such charge *612was error so far as it authorized a recovery beyond the amount sued for; and where the jury found interest in addition to the amount sued for, the writing off of the interest cured the error in the charge and in the verdict.

Decided February 22, 1924. Ulmer & Bright, for plaintiff in error. Oliver & Oliver, contra.

2. As to the alleged newly discovered evidence, that referred to in ground 14 of the…