Parker v. Chambers
Supreme Court of Georgia
Trover, and New Trial, from Muscogee county. Before Judge Worrill, November Term, 1857. This was an action of trover, brought by Robert Parker, and others, against James M. Chambers, for the recovery of certain negroes named in the declaration.
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Trover, and New Trial, from Muscogee county. Before Judge Worrill, November Term, 1857. This was an action of trover, brought by Robert Parker, and others, against James M. Chambers, for the recovery of certain negroes named in the declaration. Upon the trial, the plaintiffs introduced (inte,r alia) the following testimony: 1st. The will of J. Christopher Pritchett, dated the 21st of October, 1807, by the 2d item of which the testator lent unto his daughter, Chloe Parker, during her natural life, one negro woman, Maria, and 4 children, namely, Jim, Dan, Mary, and Aggy, together with her…
1Opinion of the CourtMcDonald, J.
By the Court. delivering the opinion.
The presiding Judge in the Court below granted a new trial in this cause, and his decision granting the new trial is assigned for error.
[1.] Mrs. Sally Sullivan, a witness for the plaintiffs, had answered two sets of interrogatories. The counsel for the defendant moved, at the trial, to rule out the depositions last taken. The Court overruled th.c motion, and the refusal of the Court to suppress that evidence, is made a ground for a new trial. There can he no legal objection to a second examination of a witness by commission, for the purpose of explaining…
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