Legal Opinion

Devoe v. Best Motor Co.

Court of Appeals of Georgia

Decided November 17, 1921No. 12450PublishedCited by 8 opinions

Action for damages; from city court of Floyd county — Judge Nunnally. April 33, 1931.

1Per curiam

1. In order for the rejection of testimony to be a ground

for a new trial, the motion for a new trial must show upon what ground the testimony was excluded (unless it is shown that the judge rejected the testimony upon his own motion), and that it was excluded over the objections of the plaintiff in error or his counsel, made to the court at the time of the exclusion. Central of Ga. Ry. Co. v. Jaques, 23 Ga. App. 396 (2) (98 S. E. 357); Steed v. Cruse, 70 Ga. 168 (4); Summerlin v. State, 25 Ga. App. 568, 571, 572 (103 S. E. 832); Davis v. State, 26 Ga. App. 485 (106 S. E. 309). Under the above…

2Cases cited5 opinions

  1. Butler v. Richmond & Danville RailroadSupreme Court of Georgia · 1891
  2. Steed v. CruiseSupreme Court of Georgia · 1883
  3. Central of Georgia Railway Co. v. Jaques & Tinsley Co.Court of Appeals of Georgia · 1919
  4. Summerlin v. StateCourt of Appeals of Georgia · 1920
  5. Davis v. StateCourt of Appeals of Georgia · 1921

3Cited by8 opinions

  1. Carroll v. FettyWest Virginia Supreme Court · 1939
  2. Morgan County Bank v. PoullainSupreme Court of Georgia · 1924
  3. Mackle Construction Co. v. WyattCourt of Appeals of Georgia · 1923
  4. Hamrick v. StewartCourt of Appeals of Georgia · 1922
  5. Georgia Power Company v. RoperCourt of Appeals of Georgia · 1946

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