Short v. Haney

Court of Appeals of Georgia

Short v. Haney

4 S.E.2d 497, 60 Ga. App. 585, 1939 Ga. App. LEXIS 91

CourtCourt of Appeals of Georgia

DecidedSeptember 11, 1939

Docket27661

StatusPublished

This text of 4 S.E.2d 497 (Short v. Haney) 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

Short v. Haney, 4 S.E.2d 497, 60 Ga. App. 585, 1939 Ga. App. LEXIS 91 (Ga. Ct. App. 1939).

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Opinion

Felton, J.

This is a claim case in which personal property is involved. The claimant admitted a prima facie case. He testified that he owned the property, that' he got a bill of sale for it, and that he had the bill of sale but did not have it with him. The plaintiff objected to this testimony, on the ground that the bill of sale was the highest and best evidence of the title. The evidence was admitted over objection. Hnder the Code, § 38-205, and the decisions in Morgan v. Jones, 24 Ga. 155, Epping v. Mockler, 55 Ga. 377, and Jones v. Newberry, 16 Ga. App. 424 (85 S. E. 617), it was error to admit the evidence. Evidence which itself indicates the existence and accessibility of other and better proof is inadmissible. Brenard Manufacturing Co. v. Winn-Wilkes Drug Co., 31 Ga. App. 200 (2) (120 S. E. 446). The court erred in overruling the motion for new trial.

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.

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Felton, J.

This is a claim case in which personal property is involved. The claimant admitted a prima facie case. He testified that he owned the property, that' he got a bill of sale for it, and that he had the bill of sale but did not have it with him. The plaintiff objected to this testimony, on the ground that the bill of sale was the highest and best evidence of the title. The evidence was admitted over objection. Hnder the Code, § 38-205, and the decisions in Morgan v. Jones, 24 Ga. 155, Epping v. Mockler, 55 Ga. 377, and Jones v. Newberry, 16 Ga. App. 424 (85 S. E. 617), it was error to admit the evidence. Evidence which itself indicates the existence and accessibility of other and better proof is inadmissible. Brenard Manufacturing Co. v. Winn-Wilkes Drug Co., 31 Ga. App. 200 (2) (120 S. E. 446). The court erred in overruling the motion for new trial.

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.

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Bluebook (online)

4 S.E.2d 497, 60 Ga. App. 585, 1939 Ga. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-haney-gactapp-1939.

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