Bennett v. Odom
Supreme Court of Georgia
Certiorari, from Clay county. Decided by Judge Kiddoo, September Term, 1859. Zadock Odom commenced his action against James W. Bennett, on account, for $12 00 in a Justices’ Court. The defendant pleaded the general issue.
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Certiorari, from Clay county. Decided by Judge Kiddoo, September Term, 1859. Zadock Odom commenced his action against James W. Bennett, on account, for $12 00 in a Justices’ Court. The defendant pleaded the general issue. On the trial, plaintiff therein testified that he hired Bennett some slaves in 1858, and that the account sued on is a correct account of the amount of time that each slave worked for defendant; and that defendant never paid said account in full, but there is a balance of $12 00 now due him thereon. The account of hire was kept in an almanac; that he went to defendant’s…
1Opinion of the Court
By the Court.
Lumpkin, J.,
delivering the opinion.
The amount of hire owing by Bennett to Odom was purely a question of fact, depending on the testimony of the plaintiff on one side and two witnesses on the other. The jury have seen fit to give credit to the plaintiff. This they had a right to do, and the Circuit Judge has refused to disturb their verdict. We do not feel at liberty to control his opinion in this case.
There was one great oversight on the part of Bennett. Odom swears that he noted down in an almanac the time the negros worked. This memorandum was used by the parties in both…
2Cited by2 opinions
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- Dalton Textile Corp. v. CooperCourt of Appeals of Georgia · 1950