Legal Opinion

Cottingham v. Weeks

Supreme Court of Georgia

Decided January 15, 1875PublishedCited by 25 opinions

Tort. Husband and wife. Evidence. Before Judge James Johnson. Talbot Superior Court. September Term, 1874. A report of this case is unnecessary.

1Opinion of the Court

McCay, Judge.

We have looked carefully into the authorities for cases or principles to sustain the right to introduce this judgment in the criminal case as evidence in the civil one. It is not between the same parties; different rules, as to the competency of witnesses and as to the weight of evidence necessary to the finding, exist. Besides, the present plaintiff was in no sense a party; she had no part nor lot in it; she could not even examine or cross-examine a witness. Suffice it that there is, so far as we can find, no case to be found to sustain the introduction. The case in 23 Georgia,…

2Cited by25 opinions

  1. Hess Oil & Chemical Corp. v. NashSupreme Court of Georgia · 1970
  2. Gray v. McDonaldSupreme Court of Missouri · 1891
  3. Myers v. Maryland Casualty Co.Missouri Court of Appeals · 1907
  4. Roper v. ScottCourt of Appeals of Georgia · 1948
  5. DeMello v. John Hancock Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1932

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