McCoy v. Meador

Supreme Court of Georgia

McCoy v. Meador

78 S.E. 848, 140 Ga. 253, 1913 Ga. LEXIS 99

CourtSupreme Court of Georgia

DecidedJuly 18, 1913

StatusPublished

Cited by5 cases

This text of 78 S.E. 848 (McCoy v. Meador) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

McCoy v. Meador, 78 S.E. 848, 140 Ga. 253, 1913 Ga. LEXIS 99 (Ga. 1913).

Pincite

Opinion

Fish, C. J.

1. While certain matters are set forth in the brief of evidence which properly have no place therein, they are not sufficient to require a ruling that the brief should not be considered in passing on the grounds of the motion for new trial.

2. The suit being upon an open account which defendant denied owing, and no witness having testified as to the sale to the defendant of the goods for the prices of which the action was brought, nor as to the delivery of such goods to the defendant — it not being shown that the salesman was dead or that his testimony could not be procured, and there. not being sufficient evidence to prove the correctness of the account, the verdict in behalf of the plaintiff was without evidence to support it and the court erred in refusing a new trial.

Judgment reversed.

All the Justices concur.

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Fish, C. J.

1. While certain matters are set forth in the brief of evidence which properly have no place therein, they are not sufficient to require a ruling that the brief should not be considered in passing on the grounds of the motion for new trial.

2. The suit being upon an open account which defendant denied owing, and no witness having testified as to the sale to the defendant of the goods for the prices of which the action was brought, nor as to the delivery of such goods to the defendant — it not being shown that the salesman was dead or that his testimony could not be procured, and there. not being sufficient evidence to prove the correctness of the account, the verdict in behalf of the plaintiff was without evidence to support it and the court erred in refusing a new trial.

Judgment reversed.

All the Justices concur.

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Bluebook (online)

78 S.E. 848, 140 Ga. 253, 1913 Ga. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-meador-ga-1913.

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