Newman v. Cable Piano Co.

Court of Appeals of Georgia

Newman v. Cable Piano Co.

105 S.E. 626, 26 Ga. App. 119, 1921 Ga. App. LEXIS 8

CourtCourt of Appeals of Georgia

DecidedJanuary 20, 1921

Docket11267

StatusPublished

This text of 105 S.E. 626 (Newman v. Cable Piano Co.) 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

Newman v. Cable Piano Co., 105 S.E. 626, 26 Ga. App. 119, 1921 Ga. App. LEXIS 8 (Ga. Ct. App. 1921).

Pincite

Opinion

Stephens, J.

1. The alleged newly discovered evidence being such as could have been ascertained by the movant by the exercise of due diligence, and being merely cumulative and impeaching, and', if adduced upon a new trial, not likely to produce a different result, and there being evidence to support the verdict, the trial judge did not err in overruling the defendant’s motion for a new trial.

2. A certain affidavit which was offered by the respondent and admitted in evidence upon the hearing of the motion for a new trial, in response to the movant’s subpoena duces tecum, was not subject to the objection that it contained matter immaterial to the issue.

Judgment affirmed.

Jenkins, P. J., and Mill, J., eoneur.

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Stephens, J.

1. The alleged newly discovered evidence being such as could have been ascertained by the movant by the exercise of due diligence, and being merely cumulative and impeaching, and', if adduced upon a new trial, not likely to produce a different result, and there being evidence to support the verdict, the trial judge did not err in overruling the defendant’s motion for a new trial.

2. A certain affidavit which was offered by the respondent and admitted in evidence upon the hearing of the motion for a new trial, in response to the movant’s subpoena duces tecum, was not subject to the objection that it contained matter immaterial to the issue.

Judgment affirmed.

Jenkins, P. J., and Mill, J., eoneur.

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Bluebook (online)

105 S.E. 626, 26 Ga. App. 119, 1921 Ga. App. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newman-v-cable-piano-co-gactapp-1921.