Kelly v. Cunard

Court of Appeals of Georgia

Kelly v. Cunard

94 S.E. 80, 21 Ga. App. 119, 1917 Ga. App. LEXIS 458

CourtCourt of Appeals of Georgia

DecidedOctober 31, 1917

Docket8912

StatusPublished

This text of 94 S.E. 80 (Kelly v. Cunard) 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

Kelly v. Cunard, 94 S.E. 80, 21 Ga. App. 119, 1917 Ga. App. LEXIS 458 (Ga. Ct. App. 1917).

Pincite

Opinion

Broyles, P. J.

1. It having been agreed between counsel that the original records, if relevant, could be used in evidence, the court erred in refusing to allow the defendants to put in evidence the original claim filed on August 11, 1915, upon the levy of the distress warrant, and the entries thereon which showed .that the claim had been sustained and the levy dismissed on February 19, 1916.

2. The evidence introduced did not demand the verdict, and the court erred in directing it, and in refusing to grant a new trial.

Judgment reversed.

Bloodworth and Banvett, JJ., ooneur.

Action upon bond; from Jasper superior court — Judge Park. March 16, 1917.

E. M. Baynes, for plaintiffs in error. Doyle Campbell, contra.

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