26 Ga. 332 | Ga. | 1858
By the Court.
delivering the opinion.
The first ground, we think is not supported by the facts. In the opinion of the Court, the two cross-questions propounded to the witness, were substantially answered. As to the second objection, it seems, that the witness was twice examined by commission in this case. And Mr. Russell, who it is alleged, was counsel for the plaintiff, furnished the witness with a copy of his answers to the first set of interrogatories. We see nothing wrong in this. The object in taking testimony is, to ascertain truth and not to entrap witnesses. ■
Suppose the question to be, “did you ever hear plaintiff admit, that defendant had paid for the rockaway and harness; state particularly all you heard him say upon the subject?” To the question thus propounded, the reply would have been legitimate, and in the absence of the interrogatory, it is right to presume in favor of the judgment of the Court, that the answer was justified by the question. And this presumption is strengthened from the fact, that the assignment of error is not made a ground in the motion for a new trial.
As to the fourth ground in the motion for a new trial, that c‘ an inadvertent error or misunderstanding occurred during the trial of the case, fatal in itself to the administration of justice in the case,” we are unable to understand it; and counsel representing our absent brother, Bigham, has failed to enlighten us, respecting it.
We concur fully with the Circuit Judge, that the verdict in this case, is neither contraiy to law or evidence, but in accordance with both.
The testimony of Roberts is corroborated by his acts, and the books of the plaintiff. The evidence on the other side? is vague, confused and contradictory. The witnesses have confounded the payment for the double harness, with a sup
• they excused themselves for not paying the balance of the claim, not because it was already paid, but for want of funds of defendant’s in their hands. When was the $190 paid ? By whom? No witness has supplied any satisfactory proof upon this vital point. We apprehend none such exists..
Judgment affirmed.