74 Ga. 327 | Ga. | 1884
A distress warrant for rent of a tract of land was sued out by White against Mitchell, and also a proceeding to eject him as a tenant holding over after the year had expired. Mitchell defended and made counter-affidavits, and the two cases were tried together.
The jury found for White the rent agreed upon for the first year, it being the value of the cotton stipulated for in the contract, and thus the issue on the distress warrant was disposed of. They found double rent for the time Mitchell held over, and thus the issue under that proceeding -was determined. Mitchell moved for a new trial,
Besides, the dispute between counsel in respect to the amount of rents which would be due, under the consent that the decree should be rendered in favor of White’s title to the land, whether single or double rents, whether five hundred dollars or more, and their .conflicting parol evidence thereon, and the silence of the decree on that subject, would seem to settle the point that the verdict and decree did not contemplate the settlement of rents due, and that they were not in issue.
But for this parol testimony, it would have been more regular for the court to'instruct the jury what those equity pleadings did put in issue; but as such instructions would have accorded with the verdict, no hurt was done by submitting the pleadings, without regard to outside facts, to the jury, as the court did; certainly Mitchell was not hurt thereby.
The case shows the importance of putting all agreements about cases in black and white, thus assuring the rights of both parties, and avoiding conflict in their oral testimony, and worse still in that of counsel. Misunderstanding is thereby avoided and the truth clearly established.
In this case the issues were fairly submitted by the court, the evidence authorizes the verdict, and the plaintiff in error, on whom the law casts the burden of showing error, has failed to show it. No alternative is left us but to affirm the judgment.
Judgment affirmed.