Legal Opinion

Allen v. Kessler

Supreme Court of Georgia

Decided June 8, 1904PublishedCited by 23 opinions

Bail-trover. Before Judge Hodges. City court of Macon. October 17, 1903.

1Opinion of the CourtFish, P. J.

1. The general rule is, that in order for the exclusion of oral evidence to he considered as a ground for a new trial, it must appear that a pertinent question was asked, that the court refused to allow the answer, and that a statement was made to the court at the time, showing what the answer would be ; and that such testimony was material and would have benefited the complaining party. Griffin v. Henderson, 117 Ga. 382, and' cit. In view of this rule, neither of the grounds of the amended motion for a new trial properly presents any question for determination.

2. The verdict was warranted by…

2Cases cited1 opinion

  1. Griffin v. HendersonSupreme Court of Georgia · 1903

3Cited by23 opinions

  1. Trammell v. ShirleyCourt of Appeals of Georgia · 1928
  2. Benn v. McBrideCourt of Appeals of Georgia · 1976
  3. Reeves v. MorganCourt of Appeals of Georgia · 1970
  4. Williams v. StateSupreme Court of Georgia · 1938
  5. Barron v. BarronSupreme Court of Georgia · 1938

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