Andrews v. McLendon , 21 Ga. App. 649 ( 1918 )

Broyles, P. J.

1. The court did not err in failing to give the requested instructions to the jury, as. complained of in the first ground of the amendment to the motion for a new trial, as such instructions were not authorized by evidence.

2. The remaining ground of the amendment .to the motion for a new trial is based upon alleged newly discovered evidence. That evidence appears to be cumulative and impeaching in its nature, and, moreover, was met by a counter-showing. It does not appear that the trial judge abused his discretion in overruling this ground of the motion.

Decided January 22, 1918.

Action for money had and received; from Calhoun superior court — Judge Harrell. July 21, 1917.

Smith & Miller, for plaintiff in error. B. W. Fortson, contra.

3. The verdict was strongly supported by evidence, and the court did not err in refusing to grant a new trial.

Judgment affirmed.

Bloodworih and' Harwell, JJ., concur.