166 Ga. 887 | Ga. | 1928
Upon examination of the record, it does not appear that there was such a disregard of the rule requiring oral and documentary evidence to be briefed in the motion for new trial as would justify a refusal upon the part of this court to consider the evidence.
This case arose out of the levy of an execution in favor of> E. PL Sikes against L. Y. DeLoach, upon a tract of land to which land Mrs. Ella DeLoach, the wife of the defendant in execution, filed her claim. The judgment upon which the execution issued was rendered on August 18, 1924. The defendant in execution had, on March 21, 1924, conveyed the land in dispute by deed to his wife. The judgment was founded upon a debt created before the date of the execution of this conveyance to the wife of the debtor. The claim of the wife was based upon the fact that her
Error is assigned also upon the following charge of the court: “Now, gentlemen of the jury, you take the law as given you in charge by the court and the evidence from the sworn facts in the case, and, from the law so given and the facts thus ascertained, you, as earnest and conscientious ancl impartial jurors, de
The plaintiff, on direct examination by his own counsel, had propounded to him. the following question: Q. “In taking the notes, did you rely on that?” (the property in dispute). To which the witness answered, “Yes.” The court ruled that the question was leading. This question in no way suggests to the witness the answer that should be given, and is not a leading question.
There is no error in the other rulings of the court not specially referred to, and they do not involve any question of law that it is necessary to elaborate.
Judgment reversed.