Fletcher v. Collins
| Decision Date | 11 July 1900 |
| Citation | 111 Ga. 253,36 S.E. 646 |
| Parties | FLETCHER. v. COLLINS. |
| Court | Georgia Supreme Court |
NEW TRIAL—GROUNDS OF MOTION—VERIFICATION—ASSIGNMENTS OF ERROR—INTOXICATING LIQUORS—LICENSE—OFFICER—EVIDENCE OF ELECTION—OUSTING TENANT—AFFIDAVIT —CONTINUANCE—NEW TRIAL.
1. Grounds of a motion for a new trial which are not verified cannot be considered by this court. A ground of such a motion will be held not to be verified when (a) the record is silent on the subject; (b) when the record discloses an affirmative refusal to verify; (c) and when the judge appends to the motion a note which states facts in conflict with any statement in the ground which would be material in the consideration of the errors complained of.
2. Assignments of error complaining of the admission or rejection of evidence, either oral or documentary, cannot be considered when the evidence admitted or rejected is not embodied in the motion or attached thereto as an exhibit
3. There is no law in this state authorizing the chief executive officer of a municipal corporation to grant an exclusive right to sell liquor within the limits of such corporation.
4. "That two bailiffs were regularly elected in" a given militia district cannot be proven by the parol evidence of the justice of the peace in that district.
5. The election of an officer cannot be proven by parol, nor by the production of the "precinct returns of election" made by the managers.
6. The affidavit required by section 4813 of the Civil Code may be administered by any justice of the peace; and it is not essential to the validity of the warrant issued thereon that the affidavit should be made before the justice of the peace of the district where the land lies.
7. The discretion of a trial judge in refusing to continue a case on the ground of the sickness of a party will not be controlled when the record discloses that "there was much evidence pro and con as to whether" the absent party "was able to attend court, and what was his condition." The fact that, on the hearing of a motion for a new trial in the case, affidavits were read tending to show that the absent party was in fact sick at the date of the trial, will not have the effect of varying the rule just stated.
8. Affidavits read at the hearing of a motion for a new trial, setting forth What purports to be newly-discovered evidence, will not be considered by this court, when there is no ground in the motion asking for a new trial on account of newly-discovered evidence. (a) The...
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New v. State
...and con as to whether the absent counsel was really unable to attend court and what was his actual physical condition. Fletcher v. Collins, 111 Ga. 253, 36 S. E. 646 (7); Curry v. State, 17 Ga. App. 377, 87 S. E. 685, and cases cited. Under the above ruling and the facts of the instant case......
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New v. State
...and con as to whether the absent counsel was really unable to attend court and what was his actual physical condition. Fletcher v. Collins, 111 Ga. 253, 36 S.E. 646 (7); Curry v. State, 17 Ga.App. 377, 87 S.E. 685, cases cited. Under the above ruling and the facts of the instant case it doe......
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Maher v. Smith (In re Smith's Estate)
...in the evidence, his determination is presumed to be correct. Ausley et al. v. Cummings et al., 145 Ga. 750, 89 S.E. 1071;Fletcher v. Collins, 111 Ga. 253, 36 S.E. 646. He also must pass upon the question as to whether a moving party has acted with diligence and in good faith. 12 Am.Juris. ......