Legal Opinion

Barnett & Co. v. Thompson

Supreme Court of Georgia

Decided December 15, 1867PublishedCited by 5 opinions

Trover. Motion for new trial. Decided by Judge Worrill. Muscogee Superior Court. May Term, 1867. This was trover and bail by Thompson, against Barnett & Co., for seventeen bales of ginned and packed cotton, averred to have been worth $5,000.00, and converted by the defendants, on or about the tenth day of October, 1865. It was brought in the Inferior Court, and by consent carried to the appeal, in the Superior Court.

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Trover. Motion for new trial. Decided by Judge Worrill. Muscogee Superior Court. May Term, 1867. This was trover and bail by Thompson, against Barnett & Co., for seventeen bales of ginned and packed cotton, averred to have been worth $5,000.00, and converted by the defendants, on or about the tenth day of October, 1865. It was brought in the Inferior Court, and by consent carried to the appeal, in the Superior Court. The plea was general issue.' "When the case was called and a jury empannelled to try it, and when plaintiff’s attorneys were in the act of opening the case, defendant’s attorney…

1Opinion of the CourtWarner, C. J.

The error assigned to the judgment of the Court below in this case, is the refusal of the Court to grant a new trial, upon the grounds specified in the record. The interrogatories of Harris had been returned to the clerk’s office of the Court in which the suit was pending, and had remained there for some months, and then were taken out by one of the plaintiffs’ counsel, and remained in his possession until the trial. When the cause was about to be submitted to the jury, exceptions were taken to the interrogatories upon the grounds that there was but one commissioner named in the commission,…

2Cited by5 opinions

  1. Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
  2. Lott v. BanksCourt of Appeals of Georgia · 1917
  3. Butts v. DavisCourt of Appeals of Georgia · 1972
  4. Hospital Authority v. SmithCourt of Appeals of Georgia · 1977
  5. Bain v. BrooksMississippi Supreme Court · 1872

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