Carswell, Moxley & Son v. Harrison

1. The 3d special ground of the motion for a new trial alleges that the court erred in excluding certain testimony given by a witness on a former trial of the case. Even if it should be conceded that the witness was inaccessible, this ground can not be considered, as it is incomplete, in that it does not show that there was present and offered as a witness any one who heard the witness testify and who professed to remember the substance of the entire testimony as to the particular matter about which he testified. Civil Code (1910), § 5773; City of LaGrange v. Cotter, 29 Ga. App. 577 (2) (116…