Mctier v. Crosby

Citation48 S.E. 355,120 Ga. 878
PartiesMcTIER et al. v. CROSBY.
Decision Date10 August 1904
CourtSupreme Court of Georgia

BASTARDY—ACTION ON BOND—NEW TRIAL—OBJECTIONS TO EVIDENCE—DISQUALIFICATION OF JURORS.

1. The granting of an order by the ordinary for the payment of expenses for the maintenance of a bastard child, and the payment by such officer of such expenses, after failure of its father to pay the same (he having given bond in accordance with the statute so to do), is sufficient evidence that the bastard has become chargeable to the county. Chapman's Case, 16 Ga. 89.

2. A ground of a motion for a new trial, assigning error upon the admission of evidence, will not be considered unless the evidence is set forth in such a manner that the question of its admissibility can be decided without reference to the other parts of the record.

3. An assignment of error upon the refusal of the court, on motion of the defendants, to purge the jury of the relatives of the plaintiff, is not sufficient, when it does not appear by allegation or proof that any relative of the plaintiff was on the jury.

4. The evidence demanded a verdict for the plaintiff, and the court did not err in so directing.

(Syllabus by the Crurt.)

Error from City Court of Baxley; J. I. Carter, Judge.

Action by A. M. Crosby, for use, etc., against E. M. McTier and others. Judgment for plaintiff. Defendants bring error. Affirmed.

W. W. Bennett for plaintiffs in error.

N. J. Holton, for defendant In error.

FISH, P. J. Judgment affirmed. All the Justices concurring.

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