Featherston v. American Nat. Bank of Macon

• Decision Date: 18 October 1916
• Docket Number: 13.
• Citation: 90 S.E. 282,146 Ga. 13
• Parties: FEATHERSTON v. AMERICAN NAT. BANK OF MACON.
• Court: Georgia Supreme Court

90 S.E. 282

146 Ga. 13

FEATHERSTON v. AMERICAN NAT. BANK OF MACON.

No. 13.

Supreme Court of Georgia

October 18, 1916

Syllabus by the Court.

A ground of a motion for new trial complaining of the refusal of the court to allow a party testifying in his own behalf to answer a question propounded to him by counsel presents no question for review, where it is not also stated that the court was informed of the expected reply. Rogers v. Condon, 144 Ga. 390, 87 S.E. 397; Flemister v. Central Georgia Power Company, 140 Ga. 511, 79 S.E. 148.

Certain testimony, to the effect that plaintiff did not lend a stated amount of money to a named person, offered upon the trial of issues formed by the petition as amended and the plea of the defendant, when considered in connection with other evidence introduced by the plaintiff, was not of such materiality as to render its rejection cause for the grant of a new trial.

The evidence authorized the verdict for the defendant.

Error from Superior Court, Bibb County; H. A. Mathews, Judge.

Action by M. E. Featherston against the American National Bank of Macon. Judgment for defendant, and plaintiff brings error. Affirmed.

L. D. Moore, of Macon, for plaintiff in error.

Hardeman, Jones, Park & Johnston, of Macon, for defendant in error.

ATKINSON, J.

Judgment affirmed.

All the Justices concur.