58 Ga. 479 | Ga. | 1877
B. W. Keaton, about the close of the war, thinking he had to leave the state on account of apprehension of danger from the federal power, sold his plantation and stock thereon, to Mulligan, for $12,000 in gold. Shortly thereafter, he became dissatisfied with the trade, and through B. O. Keaton, his father and agent, the matters in dispute between himself and Mulligan were referred to arbitrators. They made an award whereby B. W. Keaton was to return to the plantation and retain what of personalty was on it, and Mulligan was to account for what he had sold off the place — he having had a large sale of mules, etc., etc., during his occupation of the place, and Keaton to pay him $1,800.00. After the award, it appears that B. W. Keaton re-possessed himself of the plantation and the property thereon, but refused to pay the $1,800.00 which was awarded to Mulligan, on the ground that the personalty was never restored to him, or that sold accounted for by Mulligan. Whereupon Mulligan sued for the money, attaching B. W. Keaton’s plantation, and filing a declaration in attachment. On the hearing the jury found for the plaintiff $1,800.00, and B. W. Keaton having died pendente tite, his administrator, Perry, moved for a new trial on various grounds, the motion was overruled, and the defendant excepted.
There was no error in refusing the new trial on the ground of the newly discovered testimony. It could not have been admitted if it had been present.
Judgment reversed.