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ARMSTRONG FURNITURE CO. v. NICKLE.

40825.

110 Ga. App. 686 (1964)

140 S.E.2d 72

ARMSTRONG FURNITURE COMPANY, INC. et al. v. NICKLE.

Court of Appeals of Georgia.

Decided November 24, 1964.

Attorney(s) appearing for the Case

Richardson & Doremus, Willis J. Richardson, Jr., Weir D. Walker, for plaintiffs in error.

Josephine M. Plunkett, Gilbert E. Johnson, contra.

BELL, Presiding Judge.

1. The first special ground of the motion for new trial assigns as error the admitting into evidence over defendants' objections proof of the testimony of Eugene Darnell, a witness on a former trial of the same case.

Prior to admission of the proof of the inaccessible witness' testimony on the former trial the witness' wife testified that the witness was out of the country. This testimony was sufficient

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