Detwiler v. Cox
| Decision Date | 13 July 1904 |
| Citation | 120 Ga. 638,48 S.E. 142 |
| Parties | DETWILER v. COX. |
| Court | Georgia Supreme Court |
EVIDENCE — WITNESSES — CREDIBILITY —CONCLUSIVENESS OF UNIMPEACHED TESTIMONY.
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. Laramore v. Minish, 43 Ga. 282; Penny v. Vincent, 49 Ga. 473; Amis v. Cameron, 55 Ga. 449; Armstrong v. Ballew, 44 S. E. 996, 118 Ga. 168.
(a) In the present case, which was a claim filed to the levy of an execution, it appeared that the property levied on was in possession of the defendant in fi. fa. at the time of the levy; that the deed to the property was made to him; and that he subsequently conveyed it to his wife, the claimant, pending the levy of the execution against him; and the judge, acting as a jury, was therefore authorized to find that the property was not bona fide that of the wife, but that it belonged to the defendant, and was subject to the execution, although the claimant and the husband swore to a state of facts which, if believed by the court, would have authorized a verdict finding the property not subject
(Syllabus by the Court.)
Error from Superior Court Decatur County; W. N. Spence, Judge.
Action between Annie Detwiler and J. M. Cox. Judgment for the latter, and the former brings error. Affirmed.
T. S. Hawes, John R. Wilson, and Harrell & Hartsfleld, for plaintiff in error.
A. L. Townsend, for defendant in error.
CANDLER, J. Judgment affirmed. All the Justices concur.
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Sellers v. State
...arising from the evidence. There is nothing here to indicate that the defendant's testimony was disregarded. And see Detwiler v. Cox, 120 Ga. 638, 48 S.E. 142; Eberhardt v. Bennett, 163 Ga. 796, 805, 137 S.E. 64; Hancock v. Wilson, 214 Ga. 60, 102 S.E.2d 551; Jones v. Teasley, 25 Ga.App. 78......
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Central Truck Lines v. Lott
...§ 110-104." 6 To which might be added a number of Georgia cases: Armstrong v. Ballew, 1903, 118 Ga. 168, 44 S.E. 996; Detwiler v. Cox, 1904, 120 Ga. 638, 48 S.E. 142; Wilson v. Gray, 1925, 34 Ga.App. 320, 129 S.E. 297; and Fincher v. Harlow, 1937, 56 Ga.App. 578, 193 S.E. ...
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Georgia Highway Express v. Sturkie
... ... 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. 'The fact that a ... witness is an employé of one of the parties is a proper ... matter to be considered by the jury in passing upon his ... credibility.' Central of Georgia Railway Co. v ... Bagley, 121 Ga. 781 (4), 49 S.E. 780. See also Central ... ...
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Jones v. Teasley
...tent with the sworn testimony, such testimony, even though not otherwise contradicted, may for that reason he rejected. Detwiler v. Cox, 120 Ga. 638, 48 S. E. 142. The Same reasoning would apply where the proven circumstances are such as go far enough to render the sworn testimony incredibl......