Bennett v. Patten
Supreme Court of Georgia
Equitable petition. Before Judge Thomas. Berrien superior court. July 28, 191')'. J. S. Bennett filed a petition against W. E. Patten, praying for rescission of a contract by which Patten had sold to him certain land and executed a bond to convey the title thereto upon payment of the purchase-money; alleging that after the execution of said contract and the payment of a portion of the purchase-money he had discovered that the defendant did not have valid title to the land…
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Equitable petition. Before Judge Thomas. Berrien superior court. July 28, 191')'. J. S. Bennett filed a petition against W. E. Patten, praying for rescission of a contract by which Patten had sold to him certain land and executed a bond to convey the title thereto upon payment of the purchase-money; alleging that after the execution of said contract and the payment of a portion of the purchase-money he had discovered that the defendant did not have valid title to the land and was unable to comply with the contract, praying that the note be delivered up and canceled, and offering to surrender…
1Opinion of the CourtGilbert, J.
1. A female witness, though residing in the county, is not obliged, as a general rule, to attend court in order to testify. The statute makes provision for the examination of such a witness by interrogatories. Such a witness, however, may be compelled to attend by order of the court, for sufficient reasons ■ assigned. In the present case it does not appear that plaintiff applied to the court for any order requiring the attendance of the female witness, nor was any special reason assigned why her attendance was necessary in the furtherance of justice. Powell v. Augusta &c. R. Co., 77 Ga. 192,…
2Cases cited7 opinions
- Powell v. Augusta & Summerville RailroadSupreme Court of Georgia · 1887
- Augusta & Summerville Railroad v. Randall & WifeSupreme Court of Georgia · 1890
- Central of Georgia Railway Co. v. MoteSupreme Court of Georgia · 1908
- Cureton v. CuretonSupreme Court of Georgia · 1909
- Whigby v. BurnhamSupreme Court of Georgia · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Trammell v. ShirleyCourt of Appeals of Georgia · 1928
- Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
- Griffith v. City of HapevilleSupreme Court of Georgia · 1936
- Rome Builders Supply, Inc. v. Rome Kraft Co.Court of Appeals of Georgia · 1961
- Life & Casualty Insurance v. BurkettCourt of Appeals of Georgia · 1928
10 more not listed; retrieve them via the Exa API.