Supreme Court of Georgia, 1909

Lee v. McCarty

Lee v. McCarty
Supreme Court of Georgia · Decided June 17, 1909 · Atkinson
132 Ga. 698; 64 S.E. 997; 1909 Ga. LEXIS 389
Lee v. McCarty

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Atkinson, J.

1. The undisputed evidence required a finding for the defendant ; and if there were any errors in some of the rulings of the court or inaccuracies in the charge, they were not such as to necessitate a new trial.

2. Sufficient foundation was laid as to the loss of the deed under which defendant prescribed, to adinit secondary evidence thereof.

3. A refusal to allow an amendment to a petition and sustaining a demurrer thereto furnishes no ground for a motion for a new trial. Turner v. Barber, 131 Ga. 444 (62 S. E. 587); Hawkins v. Studdard, 132 Ga. 262 (63 S. E. 852); Leathers v. Leathers, 132 Ga. 211 (63 S. E. 1118).

Judgment affirmed.

All the Justices concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.