Sutherland v. Woodring, 21122
| Decision Date | 09 February 1961 |
| Docket Number | No. 21122,21122 |
| Parties | J. H. SUTHERLAND v. Barbara WOODRING, by next friend. |
| Court | Georgia Supreme Court |
Syllabus by the Court
The defendant in a civil case is entitled to the opening and concluding arguments where the plaintiff's counsel calls him to the stand for the purpose of cross-examination, and where, after such cross-examination, the defendant's counsel then examines him on material issues in the case, the defendant having introduced no evidence.
Wm. A. Ingram, Cartersville, for plaintiff in error.
R. F. Chance, Calhoun, for defendant in error.
The Court of Appeals certified to this court the following question: 'Is the defendant in a civil case entitled to the opening and concluding arguments where the plaintiff's counsel calls him to the stand for the purpose of cross-examination, and where the defendant's counsel examines the defendant while on the stand in such circumstances on material issues in the case, after the completion of the cross-examination of the defendant by plaintiff's counsel, nothing further in the way of evidence of any other kind having been introduced by the defendant?'
In Martin v. Martin, 180 Ga. 782, 180 S.E. 851, this court ruled as follows: See also Milligan v. Milligan, 209 Ga. 14, 70 S.E.2d 459.
Extended reference to the long series of cases on this subject, as dealt with in the excellent briefs submitted by both parties, is not necessary since the foregoing provides the proper answer, which is in the affirmative.
All the Justices concur.
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TGM Ashley Lakes, Inc. v. Jennings, No. A03A1401.
...case for purposes of cross-examination pursuant to OCGA § 24-9-81. Martin, 180 Ga. at 783, 180 S.E. 851. In Sutherland v. Woodring, 216 Ga. 621, 118 S.E.2d 482 (1961), the Supreme Court addressed the following certified Is the defendant in a civil case entitled to the opening and concluding......
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Gilson v. Mitchell
...compels the conclusion that the usual rule that a defendant presenting no evidence is entitled to speak last, e.g., Sutherland v. Woodring, 216 Ga. 621, 118 S.E.2d 482; American Casualty Co. v. Seckinger, 108 Ga.App. 262, 132 S.E.2d 794, yields to the right of plaintiff to close as to all d......
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Lissmore v. Kincade
...13.4, 253 Ga. 801, 825. However, the "rule that a defendant presenting no evidence is entitled to speak last, e.g., Sutherland v. Woodring, 216 Ga. 621 (118 SE2d 482); American Casualty Co. v. Seckinger, 108 Ga.App. 262 (132 SE2d 794) yields to the right of plaintiff to close as to all defe......
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...v. Campbell, [supra,] 56 Ga.App. 400, 192 S.E. 640; Jones v. Chambers, 94 Ga.App. 433(2), 95 S.E.2d 335 [(1956)]; Sutherland v. Woodring, 216 Ga. 621, 118 S.E.2d 482 [(1961)]. American Cas. Co. v. Seckinger, 108 Ga.App. 262, 263(2), 132 S.E.2d 794 (1963). "[T]he rule that the defendant in a......