Banks v. Darden
Supreme Court of Georgia
Assumpsit, &e. in Muscogee Superior Court. Tried before Judge Worrell, December Term, 1854. This was an action brought by Henry D. Darden, for the use of Eugene Louis Jerrenaud, against John Banks, to recover the amount of two certificates of deposit, varying only-in amount, of one of which the following is a copy : %5.264 “Planter’s & Mechanic’s Bank, \ Columbus, Georgia, Sept. 22,1841. j John Peabody has deposited to the credit of D. McDougald, Five Thousand Two Hundred…
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Assumpsit, &e. in Muscogee Superior Court. Tried before Judge Worrell, December Term, 1854. This was an action brought by Henry D. Darden, for the use of Eugene Louis Jerrenaud, against John Banks, to recover the amount of two certificates of deposit, varying only-in amount, of one of which the following is a copy : %5.264 “Planter’s & Mechanic’s Bank, \ Columbus, Georgia, Sept. 22,1841. j John Peabody has deposited to the credit of D. McDougald, Five Thousand Two Hundred and Sixty-four Dollars, which will be paid to his order on return of this certificate, in current notes. M. ROBERTSON.”…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The only error, it seems to us, that was committed by the Court, relative to the continuance of the cause, was the construction put upon the Act of 1853'-’4. The Court held that the defendant should state, in writing, under oath, what he expected to prove by the absent witness, before the plaintiff could be called upon to admit the truth of the facts expected to be established.
The Act reads thus: “ No continuance shall be allowed in any case, in any of the Courts of this State, on account of absent witnesses, or for the purpose of procuring…
2Cases cited1 opinion
- Neal v. MoultrieSupreme Court of Georgia · 1852
3Cited by22 opinions
- Southern Railway Co. v. MeltonSupreme Court of Georgia · 1909
- Cunningham v. Commissioner of BanksMassachusetts Supreme Judicial Court · 1924
- Wheatley v. GloverSupreme Court of Georgia · 1906
- City of MacOn v. HerringtonSupreme Court of Georgia · 1944
- Foster v. VickerySupreme Court of Georgia · 1947
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