Legal Opinion

Varner v. Goldsby

Supreme Court of Georgia

Decided May 15, 1857No. 5PublishedCited by 7 opinions

Caveat to will, from Jasper Superior Court. Decision by Judge Hardeman, April Term, 1857. Samuel D. Varner, as the next friend of Caroline E. Varner, an infant, caveated the will of Jeremiah Pearson, deceased, and the executor Artemus Goldsby, was called upon to prove said will in solemn form of law. The case came before the Superior Court upon appeal from the Ordinary.

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Caveat to will, from Jasper Superior Court. Decision by Judge Hardeman, April Term, 1857. Samuel D. Varner, as the next friend of Caroline E. Varner, an infant, caveated the will of Jeremiah Pearson, deceased, and the executor Artemus Goldsby, was called upon to prove said will in solemn form of law. The case came before the Superior Court upon appeal from the Ordinary. Upon the call of the case, the parties being asked by the Court, if they Avere ready for trial ? Counsel for caveator, showed that Caroline E. Varner was an infant of about nine years old, and the grand daughter of the said…

1Opinion of the Court

By the Court.

McDonald, J.

delivering the opinion.

[1.] Before the Court announced its decision upon the motion submitted by caveator’s counsel, to discharge the security ■oil the appeal, for the purpose of rendering him competent to testify on his side of the case, the counsel for propounder signed a written consent that both the prochein ami, and his security on the appeal, should be considered as witnesses in the case, and be examined as fully as if they were not parties to the record, which consent the Court ordered to be put on the minutes. The consent thus given, for the examination of the…

2Cases cited1 opinion

  1. Central Rail Road & Banking Co. v. Hines, Perkins & Co.Supreme Court of Georgia · 1856

3Cited by7 opinions

  1. Berry v. BrunsonSupreme Court of Georgia · 1928
  2. Davison v. SibleySupreme Court of Georgia · 1913
  3. Commercial Union Assurance Co. Ltd., of London v. Chattahoochee Lumber Co.Supreme Court of Georgia · 1908
  4. Irwin v. PeekSupreme Court of Georgia · 1930
  5. Baker v. BancroftSupreme Court of Georgia · 1887

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