120 Ga. 730 | Ga. | 1904
The foregoing discussion disposes of all questions that were insisted on in the briefs, which are of such a character as to require-any elaborate notice. There was no error in rejecting the evidence in reference to the papers containing specimens of the handwriting of plaintiff, to be used in the comparison of writings, it not appearing that such papers had been submitted to the opposite party before he had announced ready for trial. See Civil Code, § 5247. There was no error in allowing the plaintiff to strike the name of the usee from the petition. It was mere surplusage and was properly stricken. See cases cited in Willis v. Burch, 116 Ga. 374. The plaintiff should not have been allowed to testify that he made no representation whatever to the defendant’s husband, who was the agent of the defendant, and who was dead at the time of the trial. See Dowdy v. Watson, 115 Ga. 43 (7), 47.
Judgment on the main bill of exceptions reversed; on cross-bill affirmed.