95 Ga. 243 | Ga. | 1895
We have directed the reporter to prepare a condensed statement of so much of the record as may be necessary to an understanding of our rulings in this case. The facts are somewhat complicated, and the pleadings are voluminous, but none of the legal questions ■ presented are very difficult. Indeed, many of the propositions announced in the head-notes are axiomatic. The chief trouble we have encountered in dealing with the case has been to master the record, which, by reason of much tedious and unnecessary detail, and the raising by counsel of many small and frivolous questions, has required the exercise of much patience and the consumption of much precious time.
It must be understood that we are now dealing with the demurrer, for which purpose the allegations of the petition are taken as true, we not undertaking, of course, to say that they are so in fact. We think the demurrer, on the grounds taken, and which are indicated in the first head-note, was properly overruled. A somewhat analogous case is that of Cohen & Co. v. Wolff & Buchwald et al., 92 Ga. 199. There it was held, that a number of plaintiffs, each having a separate interest in
In admitting the evidence referred to, the judge remarked he thought it was “ applicable.” Exception to this remark was taken, it being alleged that this amounted to the expression of an opinion by the judge upon the evidence. This complaint, we think, is rather hypercritical,' for it is evident that the word quoted was used in a sense synonymous with “ admissible,” for the judge immediately added that if the evidence had no relation to the question at issue, it would do no harm.
Judgment reversed.