Gregory v. Star Enterprises, Inc., 45347
| Decision Date | 10 June 1970 |
| Docket Number | No. 45347,No. 2,45347,2 |
| Citation | 176 S.E.2d 241,122 Ga.App. 12 |
| Parties | G. J. GREGORY v. STAR ENTERPRISES, INC |
| Court | Georgia Court of Appeals |
Parker, Parker & Rary, J. C. Rary, Atlanta, for appellant.
Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Devereaux F. McClatchey, Jr., Atlanta, for appellee.
Syllabus Opinion by the Court
Star Enterprises, Inc., d/b/a National Plumbing Supply Company, commenced this action on an account. The trial judge, sitting without a jury, found for the plaintiff and the defendant appeals from the judgment, his motion for a new trial having been overruled. Held:
1. The first enumerating asserts that the plaintiff had no legal interest in the account, and the second enumeration asserts error in allowing oral testimony to show the relationship between Star Enterprises and National Plumbing over objection based on the best evidence rule. The issue involved in both enumerations is whether Star Enterprises is the proper party plaintiff. The invoices covering the account are in the name of National Plumbing Supply Company, and the testimony objected to was that of counsel for the plaintiff that he had personally examined the trade name docket of Fulton Superior Court and that National Plumbing Supply Company is recorded there as a trade name of Star Enterprises.
Conceding, without deciding, that the proof may be deficient in showing that Star Enterprises is the proper plaintiff, (the local manager of National Plumbing did testify that it was a trade name for Star Enterprises, but he also testified that the former was a corporate entity) and that the objection to the testimony of counsel at the trial in the lower court was valid, we think any issue raised by these enumerations is moot.
Counsel for the defendant-appellant stated in his opening statement in the brief submitted to this court: In our opinion that statement eliminates any real issue as to the proper party plaintiff and limits the controversy to a dispute over the amount due on the account. 'Except as controverted, the statement of facts by the appellant (in his brief) may be accepted by this court as prima facie true.' Rule 17(b)(1), this court. Statements of counsel during the trial of a case may be regarded as admissions in judicio. Central of Georgia Railway Company v....
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...flood. "Statements of counsel during the trial of a case may be regarded as admissions in judicio. [Cits.]" Gregory v. Star Enterprises, 122 Ga.App. 12, 13, 176 S.E.2d 241 (1970). See Chapman v. State, 90 Ga.App. 564(1), 83 S.E.2d 572 (1954). Compare Orkin Exterminating Co. v. Gill, 222 Ga.......
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