Legal Opinion

Harrison v. Carswell, Moxley & Son

Court of Appeals of Georgia

Decided November 17, 1925No. 16626PublishedCited by 2 opinions

1Opinion of the CourtBell, J.

1. Where one of the parties to a litigation tenders in evidence the record of a former suit between the same parties, including a judgment establishing in his favor certain issues involved in the case on trial, its erroneous rejection may ordinarily be cured by its subsequent admission before the introduction of evidence has closed. There appears no reason why this rule should not be applicable in the present case.

2. The plaintiff showed that certain issues in the ease on trial, as to which he would otherwise have had the onus, had been established in his favor by an adjudication in a former…

2Cases cited1 opinion

  1. Payne v. AllenCourt of Appeals of Georgia · 1921

3Cited by2 opinions

  1. Elam v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1967
  2. Moss v. EarnestCourt of Appeals of Georgia · 1930

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