Brown & Bowen v. Robinson
Supreme Court of Georgia
New trial, from Heard county. Decided by Judge Hammond, August Term, 1857. Brown & Bowen brought an action in a Justice Court against Robinson on an open account for $¡28 75. The Court gave judgment for the plaintiff for the full amount. The defendant appealed. When the case came on for hearing, upon the appeal, the defendant did not appear.
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New trial, from Heard county. Decided by Judge Hammond, August Term, 1857. Brown & Bowen brought an action in a Justice Court against Robinson on an open account for $¡28 75. The Court gave judgment for the plaintiff for the full amount. The defendant appealed. When the case came on for hearing, upon the appeal, the defendant did not appear. Plaintiff’s counsel read an affidavit made by Bowen, proving two of the items in the account, amounting to $4 50. This affidavit was'made in Coweta county, under the provisions of the Act of 1827, which provides that when the debtor removes or resides out…
1Opinion of the Court
*145 By the Court.
Benning, J.
delivering the opinion.
The question is, whether the Court below was right in ordering a new trial in the Justices’ Court.
The ground on which that order was put, was, that the affidavit of Bowen, one of the plaintiffs, proving the first and last items in the account, the two amounting to $4 50, was not admissible as evidence.
But, first, the admission of the affidavit was not objected to by Robinson, the defendant, and the admission of illegal evidence is no ground for a new trial, when no objection is made to the admission of it. Harrison vs. Young, 9 Ga. 359.
Secondly,…
2Cases cited1 opinion
- Harrison v. YoungSupreme Court of Georgia · 1851
3Cited by2 opinions
- Durrence v. DurrenceSupreme Court of Georgia · 1968
- South v. StateCourt of Appeals of Georgia · 1945