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Schroeter v. Slider

SCHROETER & BROTHER v. SLIDER

Schroeter v. Slider, 85 S.E. 787 (Ga. Ct. App. 1915)
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Court
Court of Appeals of Georgia · State Appellate Courts
Decided
June 28, 1915
Docket
No. 5998
Judges
Wade
Citations
85 S.E. 78716 Ga. App. 5221915 Ga. App. LEXIS 107
Summary
Complaint; from municipal court of Atlanta. May 25, 1914. Dillon, Burress & Kobaclc, for plaintiffs in error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Wade

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Wade, J.

1. Jt is not within the province of this court to set aside a verdict returned by a jury, where there is evidence accepted by them as true which supports their finding on every material issue, even should it appear to the members of this court, who neither heard the testimony delivered nor observed the demeanor of the witnesses on the stand, but are confined to the record, that the weight of the evidence was perhaps against the finding. Upon the jury rests the sole responsibility of determining what witnesses they will believe, and this court can not at" tempt to analyze the possible reasons for their belief, if there be any evidence warranting the verdict.

2. A cei'tain “ledger was offered in evidence after witnesses for defendant had sworn it was not the book of original entry, but was copied from original expense books and original checks, and up to the time this ledger was offered in evidence none of the original expense books and checks had been offered.” The evidence disclosed that the book tendered in evidence 'was “made up from original expense books furnished by plaintiff,” and that it was “posted from the original expense books and .checks,” which “canceled checks corresponded with all checks on this account” against the plaintiff on the book tendered, and which, together ■ with-the “original expense books” themselves, were in existence, were in the possession of the defendants, and were actually introduced in evidence. To afford ground for reversal, both error and injury must concur; and even if the book which was rejected should have been admitted for any reason as a book of original entry, its exclusion could have worked no harm to the plaintiffs in error, who proved the same facts by original memoranda which they were permitted to introduce.

3. The appellate division of the municipal court of Atlanta did not err in overruling the motion for a new trial. Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1965: 319652026peak 1965 · 3

Relies on it most ⓘ

  1. Young Men's Christian Assn. v. Bailey146 S.E.2d 324 (Ga. Ct. App. 1965)
  2. Mitchell v. Gay143 S.E.2d 568 (Ga. Ct. App. 1965)
  3. Mitchell v. Gay111 Ga. App. 867 (1965)

Most recent

  1. Young Men's Christian Assn. v. Bailey146 S.E.2d 324 (Ga. Ct. App. 1965)
  2. Mitchell v. Gay143 S.E.2d 568 (Ga. Ct. App. 1965)
  3. Mitchell v. Gay111 Ga. App. 867 (1965)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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