Hall v. Hall

Duckworth, Chief Justice.

“In all cases either party shall have the right to have the witnesses of the other party ex amined out of the hearing of each other. The court shall take proper care to effect this object as far as practicable and convenient, but no mere irregularity shall exclude the witness.” (Italics ours). Code § 38-1703. This is a right conferred by statute, and its denial is presumptively injurious, unless the contrary appears. Poultryland, Inc. v. Anderson, 200 Ga. 549 (37 SE2d 785); Montos v. State, 212 Ga. 764 (95 SE2d 792). But if a witness has not complied with the court’s…