Waxelbaum & Son v. Berry

Supreme Court of Georgia

Waxelbaum & Son v. Berry

99 Ga. 280

CourtSupreme Court of Georgia

DecidedAugust 3, 1896

StatusPublished

Cited by2 cases

This text of 99 Ga. 280 (Waxelbaum & Son v. Berry) 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

Waxelbaum & Son v. Berry, 99 Ga. 280 (Ga. 1896).

Pincite

Opinion

Simmons, C. J.

1. Admitting in evidence a copy of a mortgage, even if the same was irrelevant, is not cause for a new trial, when the only objection to its admissibility was that the original had not been sufficiently accounted for, and it appears that this objection was n'ot well taken.

2. Admitting in evidence hearsay testimony upon a material and controlling issue is cause for a new trial, when upon the evidence as a whole, including the hearsay, the case was a close one and the verdict, but for the introduction of the illegal evidence, might have heen different. Judgment reversed.

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Simmons, C. J.

1. Admitting in evidence a copy of a mortgage, even if the same was irrelevant, is not cause for a new trial, when the only objection to its admissibility was that the original had not been sufficiently accounted for, and it appears that this objection was n'ot well taken.

2. Admitting in evidence hearsay testimony upon a material and controlling issue is cause for a new trial, when upon the evidence as a whole, including the hearsay, the case was a close one and the verdict, but for the introduction of the illegal evidence, might have heen different. Judgment reversed.

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Bluebook (online)

99 Ga. 280, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waxelbaum-son-v-berry-ga-1896.

Opinion

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