James v. Kerby
Supreme Court of Georgia
Trover, in Richmond Superior Court. Tried before Judge Holt, at October Term, 1859. This was an action of trover, brought by Dixon Kerby, against John James, for the recovery of a negro man slave, named Valentine.
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Trover, in Richmond Superior Court. Tried before Judge Holt, at October Term, 1859. This was an action of trover, brought by Dixon Kerby, against John James, for the recovery of a negro man slave, named Valentine. In the progress of the trial, the defendant, amongst other things, in support of his title, relied upon and introduced in evidence, a bill of sale for said slave to him by Mary Matilda Langston, dated 11th January, 1854. Plaintiff in reply to this evidence, proposed to prove the sayings and declarations of said Mary Matilda, as to the consideration of said bill of sale; said…
1Opinion of the Court
— Lumpkin J.
By the Court.
delivering the opinion.
Was the testimony of James McNair admissible?
It was offered and allowed, to prove that certain notes, inade by the plaintiff to John Kerby, deceased, had been sued for in South Carolina, in the name of Simon Ward, and had been decreed to be delivered up to the representatives of the said John Kerby.
Parol evidence cannot be received to prove the contents of a record in a judicial proceeding. This can only be done by an exemplification properly certified. Besides, there is no testimony in the bill of exceptions, connecting the proof tendered with…
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- Young v. FosterCourt of Appeals of Georgia · 1979
- Johnson v. WilsonDistrict Court, N.D. Georgia · 1914
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