Brand v. Kennedy
Supreme Court of Georgia
Practice in Superior Court. Notice to produce Papers. Homestead. New Trial. Verdict. Judgment. Before Judge Stewart. Rockdale Superior Court. February Term, 1883. Kennedy applied for a homestead and exemption, and the ordinary granted the same. The realty set out in the application was a one-third interest in what was known as the “ Kennedy Factory Property.” Brand, a dissatisfied creditor, filed objections and appealed.
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Practice in Superior Court. Notice to produce Papers. Homestead. New Trial. Verdict. Judgment. Before Judge Stewart. Rockdale Superior Court. February Term, 1883. Kennedy applied for a homestead and exemption, and the ordinary granted the same. The realty set out in the application was a one-third interest in what was known as the “ Kennedy Factory Property.” Brand, a dissatisfied creditor, filed objections and appealed. Among the objections were that the applicant did not own the one-third stated, and that the amount set apart was excessive. On the trial, the jury found in favor of the…
1Opinion of the Court
Jackson, Chief Justice.
1. Where no notice to produce books is served on a party, he cannot be forced by the court to produce them, though they be in the town where the case is on trial. In the case in 55 Ga., 225, the book was in the pocket of the witness, and thus •'-he court-room, and had been referred to by him as containing an account material to the issue. That is not at all like this case, though cited by the plaintiff in error to sustain him, and the only case cited to that end.
2. It does not appear that the newly discovered testimony was unknown to all the counsel of the plaintiff in…
2Cited by4 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Calhoun v. Babcock Bros. Lumber Co.Supreme Court of Georgia · 1945
- Denham v. WalkerSupreme Court of Georgia · 1893
- Childers v. StateCourt of Appeals of Georgia · 1928