Richter v. Cathy

Court of Appeals of Georgia

Richter v. Cathy

79 S.E. 179, 13 Ga. App. 369, 1913 Ga. App. LEXIS 154

CourtCourt of Appeals of Georgia

DecidedAugust 30, 1913

Docket4671

StatusPublished

This text of 79 S.E. 179 (Richter v. Cathy) 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

Richter v. Cathy, 79 S.E. 179, 13 Ga. App. 369, 1913 Ga. App. LEXIS 154 (Ga. Ct. App. 1913).

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Opinion

Russell, J.

1. Tlie court erred in instructing the jury that they could believe the witness or witnesses who had the best opportunity of knowing the facts about which they testified and the least inducement to swear falsely, without qualifying this instruction by the proviso: “if the witnesses are of equal credibility.” Wood v. State, 1 Ga. App. 685 (58 S. E. 271); Lawrence v. State, 10 Ga. App. 786 (74 S. E. 300); Nashville &c. R. Co. v. Hubble, 139 Ga. 300 (76 S. E. 1009).

2. In Fortune v. Braswell, 139 Ga. 609 (77 S. E. 818), the Supreme Court decided that sections 3712 and 3713 of the Civil Code, upon which this suit is based, are unconstitutional. However, we decline to consider this point, because the question as to constitutionality is not presented in the specific mode required by law, and was not raised in the lower court. First National Bank of Senoia v. Jones, 12 Ga. App. 158 (76 S. E. 1042). Judgment reversed.

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Russell, J.

1. Tlie court erred in instructing the jury that they could believe the witness or witnesses who had the best opportunity of knowing the facts about which they testified and the least inducement to swear falsely, without qualifying this instruction by the proviso: “if the witnesses are of equal credibility.” Wood v. State, 1 Ga. App. 685 (58 S. E. 271); Lawrence v. State, 10 Ga. App. 786 (74 S. E. 300); Nashville &c. R. Co. v. Hubble, 139 Ga. 300 (76 S. E. 1009).

2. In Fortune v. Braswell, 139 Ga. 609 (77 S. E. 818), the Supreme Court decided that sections 3712 and 3713 of the Civil Code, upon which this suit is based, are unconstitutional. However, we decline to consider this point, because the question as to constitutionality is not presented in the specific mode required by law, and was not raised in the lower court. First National Bank of Senoia v. Jones, 12 Ga. App. 158 (76 S. E. 1042). Judgment reversed.

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Bluebook (online)

79 S.E. 179, 13 Ga. App. 369, 1913 Ga. App. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richter-v-cathy-gactapp-1913.

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