Sutherland v. Woodring

Supreme Court of Georgia

Sutherland v. Woodring

118 S.E.2d 482, 216 Ga. 621, 1961 Ga. LEXIS 297

CourtSupreme Court of Georgia

DecidedFebruary 9, 1961

Docket21122

StatusPublished

Cited by12 cases

This text of 118 S.E.2d 482 (Sutherland v. Woodring) 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

Sutherland v. Woodring, 118 S.E.2d 482, 216 Ga. 621, 1961 Ga. LEXIS 297 (Ga. 1961).

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Opinion

Grice, Justice.

The Court of Appeals certified to this court *622 the following question: “Is the defendant in a civil case entitled to the opening and concluding arguments where the plaintiff’s counsel calls him to the stand for the purpose of cross-examination, and where the defendant’s counsel examines the defendant while on the stand in such circumstances on material issues in the case, after the completion of the cross-examination of the defendant by plaintiff’s counsel, nothing further in the way of evidence of any other kind having been introduced by the defendant?”

In Martin v. Martin, 180 Ga. 782 (5) (180 S. E. 851), this court ruled as follows: “Defendants, having introduced no' evidence, were entitled to the opening and conclusion of the argument, as ruled by the trial judge. This is true though one of the defendants called by the plaintiff for the purpose of examination was, while on the stand, interrogated by defendants’ attorney.” See also Milligan v. Milligan, 209 Ga. 14 (70 S. E. 2d 459).

Extended reference to the long series of cases on this subject, as dealt with in the excellent briefs submitted by both parties, is not necessary since the foregoing provides the proper answer, which is in the affirmative.

All the Justices concur.

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Grice, Justice.

The Court of Appeals certified to this court *622 the following question: “Is the defendant in a civil case entitled to the opening and concluding arguments where the plaintiff’s counsel calls him to the stand for the purpose of cross-examination, and where the defendant’s counsel examines the defendant while on the stand in such circumstances on material issues in the case, after the completion of the cross-examination of the defendant by plaintiff’s counsel, nothing further in the way of evidence of any other kind having been introduced by the defendant?”

In Martin v. Martin, 180 Ga. 782 (5) (180 S. E. 851), this court ruled as follows: “Defendants, having introduced no' evidence, were entitled to the opening and conclusion of the argument, as ruled by the trial judge. This is true though one of the defendants called by the plaintiff for the purpose of examination was, while on the stand, interrogated by defendants’ attorney.” See also Milligan v. Milligan, 209 Ga. 14 (70 S. E. 2d 459).

Extended reference to the long series of cases on this subject, as dealt with in the excellent briefs submitted by both parties, is not necessary since the foregoing provides the proper answer, which is in the affirmative.

All the Justices concur.

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Bluebook (online)

118 S.E.2d 482, 216 Ga. 621, 1961 Ga. LEXIS 297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sutherland-v-woodring-ga-1961.

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