158 Ga. 153 | Ga. | 1924
At the conclusion of the evidence the plaintiffs moved that the court direct a verdict in their favor, which the court refused to do. To this ruling the plaintiffs filed their exceptions pendente lite, and they assign error upon the ruling. The refusal of the court to direct a verdict is not error requiring a reversal in any case, even though such verdict could have been properly directed in favor of the complaining party. Easterling v. Cowart, 149 Ga. 161 (99 S. E. 301); Reed Oil Co. v. Smith, 154 Ga. 183, 185 (114 S. E. 56).
By agreement between counsel for both parties it was stipulated that either of the parties could, upon the trial of this case, introduce the affidavits of all witnesses which had been used upon the preliminary hearing for an injunction, and use the testimony of such witnesses embraced therein, without producing the witnesses and having them sworn in person before the jury. In pursuance of this agreement the plaintiffs introduced the affidavits of the plaintiff, S. H. McKnight, who was a resident of Florida, and C. B. Brown. In his argument before the jury, counsel for the defendants, in commenting upon the testimony of these witnesses, stated that the plaintiffs should have brought these witnesses into court, so that they could confront the jury and the jury could observe their manner upon the stand, and the defendant subject them to cross-examination. The plaintiffs objected to this argument, upon the ground that it was improper and prejudicial, and that counsel had no right to make such an argument after he
The court charged the jury as follows: ' “If you find that he did not traverse the entry of the sheriff showing service upon him at his most notorious place of abode at the next term of superior court after he acquired knowledge of such .service, then your verdict should be in favor of the defendant.” Plaintiffs ex
As we grant a new trial, we do not pass upon the sufficiency of the evidence to support the verdict.
Judgment reversed.