57 Ga. 446 | Ga. | 1876
This case came before the court below on a scire facias to revive a judgment. The defendant pleaded that, the judgment had been paid, and on the trial of that issue,'the jury, under the charge of the court, found a verdict in favor of the plaintiffs. The defendant made a motion for a new trial on the several grounds therein set forth, which was overruled by the court, and the defendant excepted.
The evidence in the record, as to the payment of the judgment, was conflicting, and the charge of the court was quite as favorable to the defendant as he was entitled to under the evidence. It appears from the defendant’s own testimony,' that whilst the plaintiffs’ claim was in the hands of Bacon, as their attorney, for collection, that he also placed in Bacon’s
There was nothing in the motion for a new trial, on the ground of newly discovered evidence, which would have authorized the court to grant it.
Let the judgment of the court below be affirmed.