Cofield v. Johnson

Court of Appeals of Georgia

Cofield v. Johnson

165 S.E.2d 472, 118 Ga. App. 689, 1968 Ga. App. LEXIS 968

CourtCourt of Appeals of Georgia

DecidedNovember 5, 1968

Docket44023

StatusPublished

Cited by1 cases

This text of 165 S.E.2d 472 (Cofield v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cofield v. Johnson, 165 S.E.2d 472, 118 Ga. App. 689, 1968 Ga. App. LEXIS 968 (Ga. Ct. App. 1968).

Pincite

Opinion

Pannell, Judge.

1. Where, upon a hearing relating to the vacating of a judgment based upon facts not appearing on the face of the record, the judgment is vacated upon “evidence presented by both” parties, and there is no transcript of the proceedings or brief of the evidence relating to this hearing, the trial judge must be affirmed.

2. Where, in a suit upon a contract, the defendant answers but files no plea of payment, and alleged evidence of payments is admitted without objection, it is too late to complain of the admission of such evidence for the first time in this court.

3. The evidence upon the trial of the case, while conflicting and sometimes vague, was sufficient nevertheless to authorize the verdict in favor of the defendants.

Judgment affirmed.

Jordan, P. J., and Deen, J., concur.

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