13 S.E.2d 722 | Ga. Ct. App. | 1941
1. "When the evidence presents a tangled web of uncertainty as to what is the real fact relative to a material issue in the case, under our law and legal procedure, we know of nothing to do about it except to let the jury untangle the facts, and if, in so untangling them, their findings are supported by any evidence, it is our prescribed duty to accept and leave undisturbed such findings of fact," and so we do in the instant case. *498
2. The ground of objection to the evidence being in effect the same as that of the overruled demurrer, the admission of the canceled checks in evidence tending to prove the matter set forth in the defendant's answer (to wit, payment of the note sued on) was not error.
3. In an action on a note it was competent for the defendant to testify that he did not owe the plaintiff anything on the note at the time of the trial; and even if the evidence was incompetent it would be harmless, because the defendant testified elsewhere, without objection, that the note sued on "was overpaid by other checks."
4. In the absence of an appropriate written request it was not error to charge the jury further with reference to the burden of proof, where the judge charged generally upon that subject.
Special grounds 2, 3, and 5 of the motion for new trial are but elaborations of the general grounds, and have been covered by our ruling thereon. Ground 4 complains that the judge erred in allowing certain canceled checks to be introduced in evidence by the defendant, over objection by counsel for plaintiff as follows: "I object to the introduction of any paid checks whatsoever, as this defendant has filed his answer stating he had no records whatsoever. I don't think, under his pleadings, such evidence is admissible." If the plaintiff calls in question the sufficiency of the answer by demurrer, as he has a right to do, and the court renders an erroneous decision holding that the answer sets up a valid defense, when in truth it does not, and the plaintiff acquiesces in this decision, of course no one will contend that, after the time allowed by law has expired for bringing under review this erroneous decision, the plaintiff can be heard to say that the answer sets forth no valid defense. Brooks v. Rawlings,
Ground 6 complains that the court erred in refusing to exclude the following evidence. Q. "Mr. Caffee, do you owe them anything under those notes at the present time?" A. "I do not; no sir." Mr. Dillon (counsel for plaintiff): "I think that is a conclusion. I move to rule it out." In Charles Schaeffer Son v. Stone Co.,
Grounds 7, 8, and 9 complain that the judge should have made certain additional charges with respect to the burden of proof. A thorough reading of the charge reveals that the judge charged the jury generally upon the subject of the burden of proof; and if an *501 additional instruction was desired, an appropriate written request should have been made. These grounds are not meritorious.
Judgment affirmed. Broyles, C. J., and Gardner, J.,concur.