59 Ga. 559 | Ga. | 1877
The suit was for the proceeds of one hundred and fifty bales of cotton; and, in the progress of the trial, the whole controversy was boiled down to a single question, which was whether the plaintiff had authorized the defendants to apply eighteen of the bales to an account which the plaintiff’s brother owed to the defendants. There was no evidence in writing, nor any other, except the testimony of the parties themselves. This appeared to be in' direct conflict — the plaintiff denying that any authority was given, and the two defendants affirming that it was given. Each wituess made a somewhat detailed statement of the circumstances attending the main transaction, and of what was said in certain conversations. The jury found for the plaintiff, and the •court granted a new trial. Upon the question that divided the parties, there were two grounds of the motion for new trial that had materiality : These were, one, that “the jury found contrary to the evidence, contrary to the weight of the evidence, contrary to law, contrary to the charge of the court, and contrary to the principles of justice and equity; ” and the other, that the court erred in charging the jury that “ when the witnesses are parties to the suit, and interested, the jury can reject the testimony of any of them : when the witnesses are all equally entitled to credit, and there is a conflict, the preponderance did not mean, in every case, the greater number of witnesses, but the weight of testimony,
Cited for plaintiff in error, 51 Ga., 528 ; 17 Ib., 267; 30 Ib., 212; 19 Ib., 1; 55 Ib., 317; 41 Ib., 186 ; 53 Ib., 570;
Judgment affirmed.