Johnson v. McComb
Supreme Court of Georgia
New trial. Witness. Trust. Evidence. Thomas Johnson had an execution in his favor, based on a judgment obtained on May 21st, 1866, against Walter H. Mitchell, Nathan Hawkins and Theodore Goodwyn, levied on a house and lot in the city of Milledgeville, as the property of said Mitchell. A claim was interposed by Robert A. Me-Comb, as executor of Samuel MeComb, deceased.
Read the full summary
New trial. Witness. Trust. Evidence. Thomas Johnson had an execution in his favor, based on a judgment obtained on May 21st, 1866, against Walter H. Mitchell, Nathan Hawkins and Theodore Goodwyn, levied on a house and lot in the city of Milledgeville, as the property of said Mitchell. A claim was interposed by Robert A. Me-Comb, as executor of Samuel MeComb, deceased. Upon the trial of this issue the following evidence was introduced for the plaintiff in execution : 1st. The execution with the entry of the levy thereon. 2d. A deed made by Walter H. Mitchell, one of the defendants in…
1Opinion of the Court
McCay, Judge.
1. We think Jackson was a competent witness. It is only %y the most violent use of language that he can be said to be •a party to the cause of action on trial. The issue is between •the plaintiff in fi. fa. and the claimant, and the thing to be tried is, whether the property levied on is subject to the lien •of the judgment. Jackson is certainly no party to this issue; nor is he a party to the record. The matter on which he is called .to testify arises collaterally. He is, in effect, called on to show *123that Mitchell’s deed was made in pursuance of a contrac made several years…
2Cited by7 opinions
- Hester v. GairdnerSupreme Court of Georgia · 1907
- Lowe v. AllenSupreme Court of Georgia · 1881
- Bashinski v. SwintSupreme Court of Georgia · 1909
- Shaprio v. SteinbergSupreme Court of Georgia · 1932
- Duggan v. DennardSupreme Court of Georgia · 1930
2 more not listed; retrieve them via the Exa API.