Elliott v. Floyd

Ground 4 of the motion for a new trial sets out the portions of the original charge of the court to the jury, applicable to the issue of partnership as raised by the evidence, which was satisfactory to the movant. After retiring and deliberating for some time, the jury returned to the courtroom, where the foreman said to the court, “We would like to ask the question, like to ask you to read that reference there to what constitutes a partnership in the State of Georgia.” The trial judge then read again Code §§ 75-101 and 75-102, and asked the foreman, “Now was that the section?” The foreman…