Rowell v. Woodard
Court of Appeals of Georgia
1Opinion of the CourtJenkins, P. J.
Plaintiff, suing on open account, obtained a judgment for $151 as tbe balance due on a bill of cross-ties. Defendant excepts to the refusal to grant a new trial, basing his contentions upon two grounds: (1) that the court erred in charging the jury that ‘‘ in this case you will find in favor of that party plaintiff or defendant with whom you find a preponderance <rf the testimony lies upon the issue involved,” without in this connection or elsewhere charging upon the burden of proof; and (2) that the evidence failed to prove the amount of the indebtedness fixed by the verdict. Held:
1. In…
2Cases cited2 opinions
- Brooks v. GriffinCourt of Appeals of Georgia · 1912
- Webb v. StateCourt of Appeals of Georgia · 1912