Logan v. Logan

• Decision Date: 20 April 1899
• Citation: 33 S.E. 30,108 Ga. 760
• Parties: LOGAN v. LOGAN.
• Court: Georgia Supreme Court

33 S.E. 30

108 Ga. 760

LOGAN v. LOGAN.

Supreme Court of Georgia

April 20, 1899

Syllabus by the Court.

1. A person who is neither a party to a case, nor interested therein, is a competent witness on the trial thereof, for all purposes. (a) The witness whose competency was questioned in this case on the ground that his testimony related solely to transactions between himself and the deceased husband of the plaintiff was properly allowed to testify concerning the same.

2. In view, however, of the evidence appearing in the record, and upon consideration of the ground of the motion for a new trial relating to newly-discovered evidence, there was no abuse of discretion in granting a second new trial.

Error from superior court, Murray county; A. W. Fite, Judge.

Action between R. C. Logan and S. M. Logan. From an order granting a new trial, R. C. Logan brings error. Affirmed.

J. J. Bates and R. J. & J. McCamy, for plaintiff in error.

Jones, Martin & Jones and C. N. King, for defendant in error.

PER CURIAM.

Judgment affirmed.