Malcom Bros. v. Pollock

Both the questions propounded. by the Court of Appeals should be answered in the affirmative. The instructions given by this court must be strictly confined to the question propounded (Georgian Co. v. Jones, 154 Ga. 762, 115 S. E. 490), but this does not preclude a consideration of the meaning of the words employed by the Court of Appeals. It appears from the questions that “ after the jury has [had] taken the case under advisement and before the jury [rendered] a verdict,” the judge directed “in open court” etc. From this portion of the question it is plain that the jury did not hear the…