172 Ga. 908 | Ga. | 1931
"Where there is no conflict in the evidence, and that introduced with all reasonable deductions and inferences therefrom demands a particular verdict, the court may direct the jury to find for the party entitled thereto.” Civil Code (1910), § 5926. “The mere fact that there are conflicts in the testimony does not render the direction of a verdict in favor of a party erroneous, when it appears that the conflicts are immaterial, and that, giving to the opposite party the benefit of the most favorable view of the evidence as a whole and of all legitimate inferences therefrom, the verdict against him is demanded.” Sanders Manufacturing Co. v. Dollar Savings Bank, 110 Ga. 559 (35 S. E. 777); Skinner v. Braswell, 126 Ga. 761 (55 S. E. 914); Walters v. Walters, 151 Ga. 527, 530 (107 S. E. 492); Colbert v. Pitner, 157 Ga. 690 (122 S. E. 315); Cook v. Washington, 166 Ga. 329, 347 (143 S. E. 409). Applying the foregoing principles to the evidence, the court did not err in directing a verdict for the defendant.
Movant complains that the court erred in admitting in evidence a letter dated November 24, 1927, from the attorney representing Ponder as the defendant in the case wherein the judgment sought to be set aside was rendered. The objection was based upon the contention that the letter was immaterial, irrelevant, and hearsay. The letter was from the attorney oí record representing the defendant, and it must be assumed that it was sent with authority. . Accordingly, the ruling of the court was not erroneous.
Another ground of the motion for a new trial is based upon alleged newly discovered evidence consisting of a certified copy of the record of the court of ordinary of Stewart County, dated
Judgment affirmed on main bill of exceptions. Gross-bill of exceptions dismissed.