Stewart v. DeLoach & Brother
Supreme Court of Georgia
Evidence. Practice. Admissions. Before Judge Gustin. Bibb superior court. November adjourned term, 1889. DeLoach & Brother sued Stewart for the value of certain machinery, and obtained a verdict. The defendant moved for a new trial, one ground of the motion being that the court admitted in evidence a copy of a written contract for the machinery which had been executed in duplicate, to which the defendant objected upon the ground that the original should be produced.
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Evidence. Practice. Admissions. Before Judge Gustin. Bibb superior court. November adjourned term, 1889. DeLoach & Brother sued Stewart for the value of certain machinery, and obtained a verdict. The defendant moved for a new trial, one ground of the motion being that the court admitted in evidence a copy of a written contract for the machinery which had been executed in duplicate, to which the defendant objected upon the ground that the original should be produced. The plaintiffs then proposed to show that the original was lost, and introduced testimony to make such showing; after which the…
1Opinion of the CourtLumpkin, J.
1. Error in admitting in evidence the copy of a written contract, where the original has not been properly accounted for, is cured when the other party produces and puts in evidence the original itself.
2. A charge stating substantially the law that admissions should be scanned with care, and cautioning the jury not to give them more meaning than they are justly entitled to, was not erroneous.
3. Defendants in error having by petition caused parts of the record to be brought up to this court which are unnecessary to an understanding of the errors complained of, it is adjudged that they be…
2Cited by4 opinions
- Phœnix Insurance v. GraySupreme Court of Georgia · 1901
- Blume v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1916
- Richmond & Danville Railroad v. KerlerSupreme Court of Georgia · 1891
- Pitts v. RapeCourt of Appeals of Georgia · 1920