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02.163 Failure to Produce Witnesses; Control by Party
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02.163 Failure to Produce Witnesses; Control by Party If there is nothing in the evidence to justify the conclusion that a witness who was not called by a party to the case was under the power and control of that party, no presumption will arise that the testimony of the witness, if called, would have been unfavorable to that party. Brothers v. Horne, 140 Ga. 617 (3) (1913) Bank of Emanuel v. Smith, 32 Ga. App. 606(3) (1924) Bynes v. Stafford, 106 Ga. App. 406, 409 (1962)
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