92 Ga. 285 | Ga. | 1893
1. The facts appear in the reporter’s statement. It
2. There was no error in rejecting the answer to the interrogatory referred to in the second head-note, and which is set out in full in the reporter’s statement. It was plainly and manifestly leading. It assumed the existence of a collateral fact of vital importance to the-issue then being tried, and suggested the answer desired and the answer as given necessarily tended to establish incidentally the existence of this fact-. Presumabty, the-objection to the interrogatory as leading was made in writing and- at the proper time, because, in endeavoring to sustain the admissibility of the answer counsel did not make it affirmatively appear,—nor, indeed, was it even suggested,—that the objection was not made as-required by the rule of court which prescribes that no-exception to a written interrogatory, on the ground that it is a leading question, shall prevail unless it be filed with the interrogatories before the issuing of the commission.
3. The verdict was sufficiently sustained by the evidence; no error of law was committed by the court, and the motion for a new trial was properly overruled.
Judgment affirmed.