26 Ga. App. 284 | Ga. Ct. App. | 1921
1. Even if the ruling in regard to the admissibility of oral testimony as to the fact of levy was subject to the objection stated in the 4th ground of the motion for a new trial, it relates only to a collateral issue in the case, and could in no way have operated to prejudice the plaintiff’s case before the jury.
2. The 5th assignment of error, excepting to certain documentary evidence described as cotton bills only, without giving the contents of the bills or their substance, is incomplete and cannot be considered.
3. The 6th assignment of error, excepting to the admission in evidence of a certain account book kept by the plaintiff, cannot be considered, because it does not appear what objection, if any, was made to its admission when it was offered in evidence.
4. The jury not having found a verdict for the set-off or counterclaim of the defendant, any error in the charge relating to the defendant’s fight to recover such set-off or counterclaim was harmless to the plaintiff.
5. The charge of the coui't fairly submitted the issues to the jury, and, in the absence of any special request to charge, was not subject to any of the exceptions urged thereto.
6. The evidence supports the verdict for the defendant, which has the approval of the trial judge, and, no error of law appearing, the plaintiff’s motion for a new trial was properly overruled.
Judgment affwmed.