Stone v. Hebard Lumber Co.
Decision Date | 14 July 1916 |
Docket Number | 556. |
Citation | 89 S.E. 814,145 Ga. 729 |
Parties | STONE v. HEBARD LUMBER CO. |
Court | Georgia Supreme Court |
Syllabus by the Court.
"An assignment of error in excluding evidence must, to entitle it to consideration, on its face disclose, either literally or in substance, what the evidence was." Blackburn v Woodward, 128 Ga. 226, 57 S.E. 318(3). See, also Louisville, etc., R. Co. v. Hughes, 143 Ga. 206, 84 S.E. 451(8). Accordingly a ground of a motion for a new trial is incomplete and presents no question to this court for decision, which complains that the trial court erred
The bill of exceptions recites that the court directed a verdict for the plaintiff, that defendant made a motion for new trial which was overruled, and that she excepted. Other than the one dealt with in the foregoing headnote, the only other grounds of the motion for new trial were as follows: "(1) Because the verdict is contrary to evidence and without evidence to support it; (2) because the verdict is decidedly and strongly against the weight of evidence; (3) because the verdict is contrary to law and the principles of justice and equity." Held, there being no assignment of error upon the direction of the verdict (the only assignment of error being upon the order of the court denying a new trial), this court is without authority to decide whether or not the court erred in so directing. Dickenson v. Stults, 120 Ga. 632, 48 S.E. 173.
There was evidence to support the verdict, and the court did not err in overruling the motion for new trial for any of the reasons assigned...
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...93; Head v. Towaliga Falls Power Co., 27 Ga.App. 142, 107 S.E. 558; Dickenson v. Stults, 120 Ga. 632, 48 S.E. 173; Stone v. Hebard Lumber Co., 145 Ga. 729, 89 S.E. 814. 3. Special grounds 1 and 2 of the motion for a new trial assign error upon the exclusion of certain specified evidence off......
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... ... propounder. Dickenson v. Stults, 120 Ga. 632, 48 ... S.E. 173; Stone v. Hebard Lumber Co., 145 Ga. 729, ... 89 S.E. 814; Madden v. Beckham, 21 Ga.App. 653, 94 ... ...
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... ... Dickenson ... v. Stults, 120 Ga. 632 (1), 48 S.E. 173; Stone v ... Hebard Lumber Co., 145 Ga. 729 (2), 89 S.E. 814 ... Where a ... ...