Sisters of the Order of St. Joseph v. Farrell Heating & Plumbing Co.

Court of Appeals of Georgia

Sisters of the Order of St. Joseph v. Farrell Heating & Plumbing Co.

8 Ga. App. 285

CourtCourt of Appeals of Georgia

DecidedMarch 15, 1910

Docket2182

StatusPublished

This text of 8 Ga. App. 285 (Sisters of the Order of St. Joseph v. Farrell Heating & Plumbing 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

Sisters of the Order of St. Joseph v. Farrell Heating & Plumbing Co., 8 Ga. App. 285 (Ga. Ct. App. 1910).

Pincite

Opinion

Russell, J.

Under the peculiar circumstances of this case, the assumption of liability by tlie defendant being the leading point at issue, the court erred in refusing to grant a new trial upon the ground of newly discovered evidence. The matters brought to the attention of the court, while in a sense impeaching, are also susceptible of being considered as substantive, proof, probably leading to a different result on another trial. Besides, the matter referred lo went to the fairness of the trial itself.

Judgment reversed.

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Russell, J.

Under the peculiar circumstances of this case, the assumption of liability by tlie defendant being the leading point at issue, the court erred in refusing to grant a new trial upon the ground of newly discovered evidence. The matters brought to the attention of the court, while in a sense impeaching, are also susceptible of being considered as substantive, proof, probably leading to a different result on another trial. Besides, the matter referred lo went to the fairness of the trial itself.

Judgment reversed.

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Bluebook (online)

8 Ga. App. 285, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sisters-of-the-order-of-st-joseph-v-farrell-heating-plumbing-co-gactapp-1910.