Legal Opinion

Batton v. Watson

Supreme Court of Georgia

Decided February 15, 1853No. 10PublishedCited by 6 opinions

Application for letters of administration, in Houston Superior Court. Tried before Judge Powers. October Term, 1852. The issue in this case arose on an application to the Court of Ordinary of Houston County, by Bryant Batton and Sarah H. Coalson, for letters of administration on the estate of Andrew J. Coalson.

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Application for letters of administration, in Houston Superior Court. Tried before Judge Powers. October Term, 1852. The issue in this case arose on an application to the Court of Ordinary of Houston County, by Bryant Batton and Sarah H. Coalson, for letters of administration on the estate of Andrew J. Coalson. The -application Ayas resisted by Jacob Watson, on the ground that Coalson shortly before his death, made a will, a copy of Ayhich he proposed to prove and set up. alleging that Coalson, a short time before his death, and while he was sick, Ayas forced and compelled by the threats of…

1Opinion of the Court

By the Court.

Warner, J.

delivering the opinion.

[1.] The first assignment of error in this record which we *66are called oñ to review is, the admission of the evidence of Alexander Everett to the Jury, as to the conversation he had with Doctor Patillo the evening the will Avas destroyed.

The Court admitted the evidence, on the ground that it was part of the res gestee, and in our judgment, properly admitted it. This species of evidence is not admissible, as a general rule, unless it groAvs out of the principal transaction, illustrates its character, and is contemporaneous vrith it. Carter and Wife…

2Cited by6 opinions

  1. Craig v. CraigSupreme Court of Kansas · 1923
  2. Barnes v. BrownleeSupreme Court of Kansas · 1916
  3. Phipps v. MansfieldSupreme Court of Georgia · 1879
  4. Estate of Johnson, Superior Court of California, County of San Francisco1903
  5. Murchison v. SmithSupreme Court of Georgia · 1998

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