Printup, Brother & Pollard v. James
Supreme Court of Georgia
Evidence. Homestead. Charge of Court. Presumptions. Payment. Yerdict. Before Judge Eve. City Court of Richmond County. October Term, 1883. James sued Printup, Brother & Pollard on an account for $383.00. Of this $216.35 was for services as a blacksmith in 1876 and 1877, and the balance for services as clerk from December, 1877, to April, 1878. Defendants pleaded the general issue and payment. The evidence was conflicting.
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Evidence. Homestead. Charge of Court. Presumptions. Payment. Yerdict. Before Judge Eve. City Court of Richmond County. October Term, 1883. James sued Printup, Brother & Pollard on an account for $383.00. Of this $216.35 was for services as a blacksmith in 1876 and 1877, and the balance for services as clerk from December, 1877, to April, 1878. Defendants pleaded the general issue and payment. The evidence was conflicting. The jury found for plaintiff $176.35. Defendants moved for a new trial, on the following grounds: (1.) Because the court refused to permit the introduction in evidence of a…
1Opinion of the Court
Jackson, Chief Justice.
The defendant in error sued the plaintiffs in error for services rendered them in the way of blacksmith work and other labor.
The jury found for him one hundred and seventy-six dollars and thirty-five cents, and the plaintiffs in error made a motion for a new trial; the court refused to grant it, and error is assigned on that refusal.
1. The memorandum was not proved to be a copy of the lost book, so as to go in evidence. Its rejection as a mere memorandum to refresh the witness’s memory perhaps did no hurt, as he swore to the substance of it. The entries were not made by…
2Cases cited3 opinions
- Mitchell v. Mayor of RomeSupreme Court of Georgia · 1872
- J. Day & Co. v. CrawfordSupreme Court of Georgia · 1853
- Williams v. McDowellSupreme Court of Georgia · 1875
3Cited by2 opinions
- Shrouder v. StateSupreme Court of Georgia · 1905
- Brown v. CarmanniCourt of Appeals of Georgia · 1959