Thompson v. Hays
Supreme Court of Georgia
Complaint. Before Judge Hodnett. City court of Carrollton. December 5, 1904. ' -After the reversal of a former judgment in this case (119 Ga. 167), there was another trial, which resulted in a-verdict against the defendant; and his motion for a new trial was granted, solely on the ground that the court erred in refusing to continue the case on account of the non-return of interrogatories. The plaintiff excepted.
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Complaint. Before Judge Hodnett. City court of Carrollton. December 5, 1904. ' -After the reversal of a former judgment in this case (119 Ga. 167), there was another trial, which resulted in a-verdict against the defendant; and his motion for a new trial was granted, solely on the ground that the court erred in refusing to continue the case on account of the non-return of interrogatories. The plaintiff excepted. From the motion for a new trial it appears that in support of his motion to continue the case the. defendant testified, that he expected to prove hy Weathers, the witness whose…
1Opinion of the CourtCobb, J.
1. Both grounds of the motion to dismiss the writ of error are without merit. Porter v. Holmes, 122 Ga. 780; McCain v. Bonner, Id. 842.
2. The rule laid down in the code in reference to a continuance for the non-return of interrogatories is as follows: “When a commission issues to examine a witness, it not having been "returned shall be no cause for a continuance, unless the party seeking the continuance will make the same oath of the materiality of the testimony as in the case of an absent witness, and the party must show due diligence in suing out and having the same executed.” Civil Code,…
2Cases cited1 opinion
- Porter v. HolmesSupreme Court of Georgia · 1905
3Cited by3 opinions
- Cox v. GradySupreme Court of Georgia · 1909
- Smith v. WilliamsonCourt of Appeals of Georgia · 1922
- Morgan v. GreenbergCourt of Appeals of Georgia · 1934