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140 Ga. 211

Broadhurst v. Hill

Supreme Court of Georgia

Decided July 15, 1913

Supreme Court of Georgia · decided 1913-07-15

<p>Equitable petition. Before Judge Littlejohn. Sumter superior court. July 15, 1912.</p>

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Decided 1913-07-15

How this case has been cited

Cited by 4 later decisions — most recently November 1975

4 state decisions

101913192019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Fish, C. J.

¶11. The instructions excepted to were not erroneous for any reason assigned.

¶22. The matter of the written request to instruct the jury was fully covered in the charge given, not only in stating in the abstract the legal principle involved, but also in a full and clear application of the legal principle to the evidence in the case.

*212July 15, 1913.Equitable petition. Before Judge Littlejohn. Sumter superior court. July 15, 1912.B. L. Maynard, for plaintiff. Ellis, Webb & Ellis, W. P. Wallis, E. A. HawMns/stná J. B. Hudson, for defendants.

¶33. In accordance with numerous decisions of this court, the refusal of an oral request to instruct the jury is not cause for the grant of a new trial.

¶44. The alleged newly discovered evidence was cumulative and impeaching in its character,' and moreover would not likely produce a different result on another trial.

¶55. There was evidence to authorize the verdict, and the court did not err in refusing a new trial. Judgment affirmed,. All the Justices concur.

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