Hattaway v. Barfield

Court of Appeals of Georgia

Hattaway v. Barfield

160 S.E. 120, 43 Ga. App. 687, 1931 Ga. App. LEXIS 514

CourtCourt of Appeals of Georgia

DecidedAugust 27, 1931

Docket20904

StatusPublished

This text of 160 S.E. 120 (Hattaway v. Barfield) 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

Hattaway v. Barfield, 160 S.E. 120, 43 Ga. App. 687, 1931 Ga. App. LEXIS 514 (Ga. Ct. App. 1931).

Pincite

Opinion

Stephens, J.

An extrajudicial statement, made by the plaintiff in a suit on an open account to recover the value of cotton, that he would not have instituted the suit if the defendant had paid him for certain cottonseed, is no more than a mere circumstance tending to show that the plaintiff’s claim was not well founded and was not instituted in good faith, and relates to no new and material fact, but is merely cumulative, and, as newly discovered evidence, is insufficient as a ground for an extraordinary motion for a new trial by the defendant. The court did not err in dismissing the motion.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Stephens, J.

An extrajudicial statement, made by the plaintiff in a suit on an open account to recover the value of cotton, that he would not have instituted the suit if the defendant had paid him for certain cottonseed, is no more than a mere circumstance tending to show that the plaintiff’s claim was not well founded and was not instituted in good faith, and relates to no new and material fact, but is merely cumulative, and, as newly discovered evidence, is insufficient as a ground for an extraordinary motion for a new trial by the defendant. The court did not err in dismissing the motion.

Judgment affirmed.

Jenkins, P. J., and Bell, J., concur.

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Bluebook (online)

160 S.E. 120, 43 Ga. App. 687, 1931 Ga. App. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hattaway-v-barfield-gactapp-1931.