Fletcher v. Gordon

Court of Appeals of Georgia

Fletcher v. Gordon

136 S.E. 108, 36 Ga. App. 228, 1926 Ga. App. LEXIS 890

CourtCourt of Appeals of Georgia

DecidedDecember 20, 1926

Docket17259

StatusPublished

Cited by1 cases

This text of 136 S.E. 108 (Fletcher v. Gordon) 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

Fletcher v. Gordon, 136 S.E. 108, 36 Ga. App. 228, 1926 Ga. App. LEXIS 890 (Ga. Ct. App. 1926).

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Opinion

Stephens, J.

1. In a suit in trover an extrajudicial statement made by the plaintiff, derogatory of his own title to the property sued for, to wit, that prior to the suit he stated to the defendant that the property sued for belonged to a person other than himself, evidence against him by way of admission, and its probative, value is for the jury. Where, upon the trial of such a suit, such an extrajudicial statement had been admitted in evidence, and the plaintiff in his testimony denied that he had made such a statement, although the direct and positive testimony as to the plaintiff’s title was undisputed otherwise than by this extrajudicial statement, an issue of fact as to the plaintiff’s title was presented, and the direction of a verdict for him was error.

2. Applying the above rulings, the court ererd in directing a verdict for the plaintiff.

Judgment .reversed.

Jenkins, P. J., and Bell, J., concur. C. L. Cowart, for plaintiff in error. Ben. A. Way, contra.

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Stephens, J.

1. In a suit in trover an extrajudicial statement made by the plaintiff, derogatory of his own title to the property sued for, to wit, that prior to the suit he stated to the defendant that the property sued for belonged to a person other than himself, evidence against him by way of admission, and its probative, value is for the jury. Where, upon the trial of such a suit, such an extrajudicial statement had been admitted in evidence, and the plaintiff in his testimony denied that he had made such a statement, although the direct and positive testimony as to the plaintiff’s title was undisputed otherwise than by this extrajudicial statement, an issue of fact as to the plaintiff’s title was presented, and the direction of a verdict for him was error.

2. Applying the above rulings, the court ererd in directing a verdict for the plaintiff.

Judgment .reversed.

Jenkins, P. J., and Bell, J., concur. C. L. Cowart, for plaintiff in error. Ben. A. Way, contra.

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Bluebook (online)

136 S.E. 108, 36 Ga. App. 228, 1926 Ga. App. LEXIS 890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fletcher-v-gordon-gactapp-1926.

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