77 Ga. 719 | Ga. | 1886
The record makes but two questions of law for our determination. The first is, whether notice must be given to the opposite party of the time of filing before interroga, tories are filed in the case. The plaintiff in error insists that the notice is a prerequisite to the filing, and if it is not complied with, the answers to the interrogatories should be rejected, although the notice was given on the day the interrogatories were filed in the clerk’s office, but after they were so filed, and although he had more than ten full days for filing his cross-interrogatories before the commission issued; and he cites in support of his position code, §3879.
In this criticism we cannot concur with counsel- for the 'plaintiff in error. The declaration, in accordance with the- rule prescribed by our judiciary act of 1799, plainly, fully and distinctly sets forth the facts on which the plaintiff in the suit relies for a recovery ; and in this respect it is entirely immaterial what he calls his suit, or whether he gives it any name at all. So that the question is, was
The evidence for the plaintiff shows that the horse was hired to be driven to certain named places, and to be returned in a given time ; that it was driven to a place not contemplated by the owner and not mentioned in the contract of hiring; that the animal suffered from hard driving even before the hirer deviated from the stipulated route; and that it died while in defendant’s possession, and before the expiration of the time for which it was hired.' It is true, all that was sworn to by plaintiff as to the route, places over which and to which the horse was to be driven, and as to the hard driving, was denied by the defendant, but the question was fairly submitted to the jury and they found against him, as they were authorized to do, for they had the undoubted right to believe the plaintiff and his witnesses in preference to the defendant and his. There were other verbal objections to this charge, which, if well founded, and we will not say they were, we deem immaterial, and therefore refrain from expressing any opinion upon them.
There is nothing else in the record requiring notice; at least no error of which the defendant can complain. So far as the law is concerned, he has had the full measure of his rights, and the evidence supports the verdict. The court committed no error in refusing to disturb it.
Judgment affirmed.