Lunday v. Thomas
Supreme Court of Georgia
In Equity, in Laurens Superior Court. Tried before Judge Love, October Term, 1858. This was a bill originally filed by Ann Jane Hampton, against Francis Thomas, administrator of Robert T. Coates, deceased. Subsequent to the filing of the bill, complainant intermarried with Robert Lunday, who was made a co-plaintiff.
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In Equity, in Laurens Superior Court. Tried before Judge Love, October Term, 1858. This was a bill originally filed by Ann Jane Hampton, against Francis Thomas, administrator of Robert T. Coates, deceased. Subsequent to the filing of the bill, complainant intermarried with Robert Lunday, who was made a co-plaintiff. The bill in substance alleged, that said Robert T. Coates departed this life in September, 1852, possessed of a large estate, consisting of lands, negroes, notes and money; that during his last illness he made a nuncupative will, whereby he bequeathed to complainant all the…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinon.
[1.] When a competent witness is called" and sworn by one party, the other party will, ordinarily, and in strictness, be entitled to cross-examine him, though the party calling him does not choose to ask him a question. 1 Green. Ev. sec. 445.
Wm. S. Rockwell was sworn in chief by the plaintiff.
It follows that the Court below did not err, in permitting the defendants to cross examine him, generally.
[2.] .One of the grounds of the defence, was, that the agreement on which the bill was founded, was made to defraud the two minors, Edward J. and Jno. G.…
2Cited by15 opinions
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- Tanner v. StateSupreme Court of Georgia · 1926
- Mulkey v. StateCourt of Appeals of Georgia · 1980
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- McRae v. BoykinCourt of Appeals of Georgia · 1935
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