Davis & Co. v. Bagley

1. The mistake of a witness will not be cause for a- new trial, unless it appears that a correction of it would probably cause a different verdict to be rendered at another hearing. A fortiori, a new trial will not be granted when it does not affirmatively appear that the witness did make a mistake. See Brinson v. Faircloth, 82 Ga. 185, 187-8, and cases cited.

2. The evidence in the present case warranted the verdict, and it will not be set aside because, after the trial, the prevailing party, who had been sworn as a witness in his own behalf, admitted, as appears by his affidavit attached to…