Legal Opinion

Smith v. Griffin

Supreme Court of Georgia

Decided January 15, 1861PublishedCited by 6 opinions

In Equity, in Dougherty Superior Court. Tried before Judge Alleh, at the June Term, 1860. On the 12th day of October, 1847, Thomas P. Smith filed his bill in equity in the Superior Court of Baker county, against Hardy Griffin, to which'bill several amendments were made, in one of which amendments the complainant alleged that, owing to a failure on the part of the custodian of the records to find and give hior access to said records, he did not ascertain and find out the…

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In Equity, in Dougherty Superior Court. Tried before Judge Alleh, at the June Term, 1860. On the 12th day of October, 1847, Thomas P. Smith filed his bill in equity in the Superior Court of Baker county, against Hardy Griffin, to which'bill several amendments were made, in one of which amendments the complainant alleged that, owing to a failure on the part of the custodian of the records to find and give hior access to said records, he did not ascertain and find out the frauds, wastes, devastavits* and mismanagements perpetrated by the defendant, and set out in the bill, until after the…

1Opinion of the Court

By the Court

Jenkins, J.,

delivering the opinion.

The first exception appearing in this record is to the exclusion, by the Court below, of the testimony of the witness Sears, offered by the plaintiff. His evidence is certainly not very clear or very definite; but it does throw some light upon a transaction now enveloped in obscurity, which should have appeared, clearly and fully, just as it occurred in the returns of the defendant as administrator, to the Ordinary. It may be well to say here, at once, that the peculiar circumstances of this case seem to demand a relaxation of the rules of…

2Cited by6 opinions

  1. Nugent v. WatkinsSupreme Court of Georgia · 1907
  2. Crawford v. ClarkSupreme Court of Georgia · 1900
  3. Wood v. BrownSupreme Court of Georgia · 1904
  4. Harden v. State BankWashington Supreme Court · 1922
  5. Ellis v. McWilliamsCourt of Appeals of Georgia · 1943

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