Chaffin v. Community Loan & Inv. Co.
| Decision Date | 08 May 1942 |
| Docket Number | 29463. |
| Citation | 20 S.E.2d 435,67 Ga.App. 410 |
| Court | Georgia Court of Appeals |
| Parties | CHAFFIN v. COMMUNITY LOAN & INV. CO. |
Rehearing Denied May 30, 1942.
Syllabus Opinion by the Court.
A witness' interest in result of the suit may always be considered in passing upon his credibility, and where there are circumstances inconsistent with truth of witness' testimony, the jury are not obliged to believe witness, even though he is not contradicted.
Implications inconsistent with testimony may arise from the proved facts, and in still other ways the question of what is the truth may remain as an issue of fact despite uncontradicted evidence in regard thereto.
Where wife of defendant in execution filed a claim to personalty on which execution was levied, evidence authorized verdict for plaintiff in execution.
Lowndes Calhoun, of Atlanta, for plaintiff in error.
Geo. F. Fielding, of Atlanta, for defendant in error.
1. "The interest of a witness in the result of the suit may always be considered in passing upon his credibility; and where there are circumstances inconsistent with the truth of his testimony, the jury are not obliged to believe him, even though he is not contradicted by any other witness." Detwiler v. Cox, 120 Ga. 638, 48 S.E. 142.
2. "Implications inconsistent with the testimony may arise from the proved facts; and in still other ways the question of what is the truth may remain as an issue of fact despite uncontradicted evidence in regard thereto." Cooper v. Lumbermen's Mutual Casualty Co., 179 Ga. 256, 261, 175 S.E. 577, 580.
3. Applying the above-stated principles of law to the facts of the present case where, pursuant to a judgment, an execution was issued and levied on certain described personal property with entry by the levying officer that it was found in the possession of the defendant in execution, and the wife of the defendant filed a claim to the property, but on the trial of the claim case gave no testimony, and the only testimony in her behalf was that of her husband, the defendant in fi. fa., to the effect that he purchased with his own funds the property in question and verbally gave it to his wife then and before the judgment on which the execution was based was obtained and the levy was made, and that it was in her possession at the time of the levy, and the plaintiff in execution introduced in evidence the execution with the entry of...
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The State v. Austin., A11A0601.
...Ga. 84, 85–86(2), 90 S.E.2d 664 (1955). FN43. Miller v. State, 288 Ga. 286, 289(2), 702 S.E.2d 888 (2010); Chaffin v. Community Loan, etc., Co., 67 Ga.App. 410, 20 S.E.2d 435 (1942); State v. Betsill, 144 Ga.App. 267, 268(2), 240 S.E.2d 781 (1977). FN44. Tate v. State, 264 Ga. 53, 54(1), 44......
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Tate v. State
...In Betsill, the evidence was in dispute. In what was, therefore, clearly dicta, Betsill erroneously cited Chaffin v. Community Loan etc. Co., 67 Ga.App. 410(1), 20 S.E.2d 435 (1942) for the proposition that the trier of fact "is not obligated to believe a witness, even if not contradicted b......
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State v. Silva
...report and the circumstances of the stop were inconsistent with the officer's testimony on the point. Chaffin v. Community Loan &c. Co., 67 Ga.App. 410, 20 S.E.2d 435 (1942). Also, the trier of fact is not obligated to believe a witness even if the testimony is uncontradicted and may accept......
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State v. Betsill
...the trier of fact, and he is not obligated to believe a witness, even if not contradicted by other witnesses. Chaffin v. Community Loan, etc., Co., 67 Ga.App. 410, 20 S.E.2d 435. He may accept a portion of the testimony of a witness and reject another portion. Garrison v. Garmon, 94 Ga.App.......