Fender v. Phillips
Supreme Court of Georgia
Equitable petition. Before Judge Mitchell. Tift superior court. November 25, 1907.
1Opinion of the CourtAtkinson, J.
1. On final trial an affidavit was offered in evidence containing material statements of fact bearing upon the issue. It was admitted that the affidavit was taken for use on the hearing of an application for interlocutory injunction in the same case, and that the affiant had since died. The affidavit was admitted in evidence over the objection of the plaintiff. This ruling was erroneous. The reason of the rule admitting such evidence is quite clearly stated in 1 Greenleaf on Evidence (16th ed.), §§;163, 163 a. Among other things it is said: “The chief reasons for the exclusion of hearsay…
2Cases cited4 opinions
- Traders Insurance v. MannSupreme Court of Georgia · 1903
- Brantley v. Rhodes-Haverty Furniture Co.Supreme Court of Georgia · 1908
- Tift v. TownsSupreme Court of Georgia · 1879
- Georgia Railroad & Banking Co. v. GardnerSupreme Court of Georgia · 1903
3Cited by39 opinions
- Barrows v. BolesSupreme Court of New Hampshire · 1996
- Ballenger Corp. v. Dresco Mechanical Contractors, Inc.Court of Appeals of Georgia · 1980
- Georgia Veneer & Package Co. v. Florida National BankSupreme Court of Georgia · 1944
- David G. Brown, P. E., Inc. v. KentSupreme Court of Georgia · 2002
- Ellis v. Millen Hotel Co.Supreme Court of Georgia · 1941
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