Mercier v. Mercier
Supreme Court of Georgia
Trover. Non-suit. Before Judge Harrell. Early Superior Court. April Term, 1871. Georgia A. Mercier brought trover for a sewing machine against A. J. Mercier, her brother.
Read the full summary
Trover. Non-suit. Before Judge Harrell. Early Superior Court. April Term, 1871. Georgia A. Mercier brought trover for a sewing machine against A. J. Mercier, her brother. The evidence was that their father bought the machine and brought it home as a present for plaintiff, and gave it to her; that she used it, no one else claiming it, so long as she lived there; that she went away, leaving the machine; her father soon after died, and the machine is still in the house, now occupied by the defendant. But the witness had never seen defendant or his wife use the machine. Its value being shown, the…
1Opinion of the Court
McCay, Judge.
Under section 2974 of the Code, it is not necessary to prove a conversion of the property, in an action of trover, as was formerly required, if the defendant be proven to have been in possession when the action was brought. The proof of possession by the defendant is, it is true, very weak; the facts proven are consistent with the possession of any one being at the same house; but we think the case ought to have been left to the jury, on the proof. This Court has gone very far in its rulings on this subject: See 22 Ga., 348; 25 Ga., 546; 26 Ga., 617; 29 Ga., 58.
That the defendant…
2Cases cited4 opinions
- Phillips v. Brigham, Kelly & Co.Supreme Court of Georgia · 1859
- Stamper v. HayesSupreme Court of Georgia · 1858
- Doe ex dem. Prescott v. RoeSupreme Court of Georgia · 1859
- Johnston v. CrawleySupreme Court of Georgia · 1857
3Cited by4 opinions
- Castleberry v. FoxCourt of Appeals of Georgia · 1922
- Robson v. RawlingsSupreme Court of Georgia · 1887
- Allen v. BrownSupreme Court of Georgia · 1889
- Hathaway v. East Tennessee, V. & G. R. R.U.S. Circuit Court for the Southern District of Georgia · 1886