Stapleton v. Monroe

• Decision Date: 08 June 1900
• Citation: 36 S.E. 428,111 Ga. 848
• Parties: STAPLETON et al. v. MONROE et al.
• Court: Georgia Supreme Court

36 S.E. 428

111 Ga. 848

STAPLETON et al. v. MONROE et al.

Supreme Court of Georgia

June 8, 1900

Syllabus by the Court.

1. An absolute and unconditional promissory note cannot be so changed by evidence of a contemporaneous parol agreement as to ingraft upon it a condition. Civ. Code, § 3675.

2. If, in the trial of a case, one party introduce immaterial and illegal evidence without objection, the other party is not thereby entitled to introduce, over objection, other illegal evidence in rebuttal. There can be no equation of errors in the trial of a case. Woolfolk v. State, 8 S.E. 724, 81 Ga. 552.

Error from superior court, Wilcox county; C. C. Smith, Judge.

Action by Lawson Stapleton and others against F. E. Monroe and others. Judgment for plaintiffs. Defendants bring error. Reversed.

Eldridge Cutts and Hal Lawson, for plaintiffs in error.

Bankston & Cannon, for defendants in error.

PER CURIAM.

Judgment reversed.

FISH, J., absent on account of sickness.