Legal Opinion

Echols v. Barrett

Supreme Court of Georgia

Decided March 15, 1849No. 59PublishedCited by 4 opinions

Trover, in Clarke Superior Court. Tried before Judge Doughs': rty, February Term, 1849. This was an action of trover for a negro boy, Edmund, brought by Jamos W. Barrett, as administrator, with the will annexed, of Henry Huff, deceased, against Elizabeth Huff, the widow of John Huff, who, pending the suit, intermarried with Thomas Echols, "William Abridge and Virgil "W. Abridge. The defendants pleaded the general issue and the Statute of Limitations.

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Trover, in Clarke Superior Court. Tried before Judge Doughs': rty, February Term, 1849. This was an action of trover for a negro boy, Edmund, brought by Jamos W. Barrett, as administrator, with the will annexed, of Henry Huff, deceased, against Elizabeth Huff, the widow of John Huff, who, pending the suit, intermarried with Thomas Echols, "William Abridge and Virgil "W. Abridge. The defendants pleaded the general issue and the Statute of Limitations. Upon the trial, the plaintiff offered in evidence the following certificate of the Clerb of the Court of Ordinary of Clarke County, to show that…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

The first ground of error assigned to the decision of the Court below is, the admission of the certificate of the Clerk of the Court of Ordinary, as apart of the plaintiff’s title to the negro sued for.

[1.] The plaintiff below sued, as the administrator, with the will annexed, of Henry Huff, deceased, and to make out his title to recover, he offered in evidence the certificate mentioned in the record, to establish his appointment as such administrator. Two objections were made to its admissibility. First, because it appeared, on the face of the…

2Cases cited2 opinions

  1. Phœnix v. DeyCourt for the Trial of Impeachments and Correction of Errors · 1809
  2. Scull v. Executors of WallaceSupreme Court of Pennsylvania · 1826

3Cited by4 opinions

  1. Fidelity & Deposit Co. v. NorwoodCourt of Appeals of Georgia · 1928
  2. Head v. WaldrupSupreme Court of Georgia · 1944
  3. Wooton v. KeatonSupreme Court of Arkansas · 1925
  4. Sarah Sidhom v. Thomas BoutrosCourt of Appeals of Georgia · 2021

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