115 Ga. 926 | Ga. | 1902
1. Refusing to allow a witness to answer a particular question, even if erroneous, is not cause for a 'new trial, when it appears that the witness did testify to all the facts within her knowledge relating to the subject-matter of her examination. White v. Columbus Iron Works Co., 113 Ga. 577 ; Doggett v. Bank, Id. 950.
2. Nor will a new trial be granted for excluding testimony which, even if relevant, was of such slight probative value that it was not in the least degree probable that admitting the same would have affected the result,
3. The widow of an intestate whose administrator is the defendant to an action for land, brought April 24, 1900, by the heirs at law of another intestate, is not, though interested in the result of the suit, disqualified from testifying as to a transaction with respect to the land, which occurred between the two intestates.
4. Though it is the usual and natural course for the purchaser of land, on paying a purchase-money note given therefor, to take up the note, and, if it be for the full balance due on such purchase, to also take a deed to the land, it was not, in the trial of an issue as to whether or not the purchaser of the land in controversy had paid therefor, improper to refuse to charge the jury, in effect, that a failure on his part to take up the purchase-money note for such balance, or to obtain a deed, raised a presumption of law and of fact that the land had not been paid for. While such failure would be a strong circumstance tending to show non-payment, it does not go to the extent of raising such a presumption as that indicated.
5. The evidence warranted the verdict, and the newly discovered evidence was not of such a character as to require a reversal of the judgment denying a new trial.
Judgment affirmed.