Ex parte Calhoun
Supreme Court of Georgia
Evidence. Witness. Production of books and papers. Discovery. Pleadings. Before Judge Marshall J. Clarke. Eulton superior court.
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Evidence. Witness. Production of books and papers. Discovery. Pleadings. Before Judge Marshall J. Clarke. Eulton superior court. March term, 1890. Calhoun, as ordinary of Eulton county, by his petition alleged that certain books of the records of that county had been lost, stolen or destroyed, these books being deed books B, E and H, mortgage book E, execution docket C, homestead record book A, and minute book of the superior court F. He prayed for the establishment of copies, or substantial copies as near as might be, of all of these books, and that such orders and proceedings be had…
1Opinion of the Court
Bleckley, Chief Justice.
Each county is the owner of the public records appertaining to the several courts thereof, and upon the loss or destruction of any book of that description, the county owning it would have as such owner, a right, irrespective of the act of 1887, to have a copy of the same established if the requisite service could be effected * on all parties interested. The act of 1887 takes the right for granted, and attempts.to provide machinery for exercising it. It authorizes the ordinary to proceed by petition in the superior court, which petition must set forth the fact of…
2Cited by4 opinions
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