Martin v. Anderson
Supreme Court of Georgia
Ejectment,in Calhoun Superior Court._ Tried before Judge Powers, November Term, 1856. This was an action of ejectment brought by John Doe. on the several demises of William Anderson, Maria Elizabeth Merriwether and Robert C. Robins, against Richard Roe casual ejector, and Charles Martin tenant in possession, for the recovery of lot of land No. 86, in the fourth district of Calhoun, formerly Early county. . Defendant pleaded the general issue.
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Ejectment,in Calhoun Superior Court._ Tried before Judge Powers, November Term, 1856. This was an action of ejectment brought by John Doe. on the several demises of William Anderson, Maria Elizabeth Merriwether and Robert C. Robins, against Richard Roe casual ejector, and Charles Martin tenant in possession, for the recovery of lot of land No. 86, in the fourth district of Calhoun, formerly Early county. . Defendant pleaded the general issue. Upon the case being called, he moved for a continuance upon two grounds: 1st. Because the commission and interrogatories issued for John W. Both well, a…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
[1.] The judgment of the Court overruling the motion for a continuance, we affirm. No diligence was used to procure the evidence of John W. Both'well. The counsel transmitted interrogatories by mail to the Clerk for a commission. He looked after them no further, and it was about two months before they were returned to him. He received them about two weeks before Court. He then sent them, by mail, to Jefferson county for execution, and they had not been returned.
The terms of the statutes to enable parties to obtain discoveries at law from the…
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