Dyson v. Knight
Supreme Court of Georgia
Equitable petition. Before Judge Parker. Ware superior court. August 10, 1907. T. F. Dyson, administrator of Thomas Dyson, deceased, filed an equitable petition against Knight and Pittman, seeking to enjoin them from cutting timber, or otherwise trespassing, on land lots Nos. 331 and 332 in the 8th district of Ware county.
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Equitable petition. Before Judge Parker. Ware superior court. August 10, 1907. T. F. Dyson, administrator of Thomas Dyson, deceased, filed an equitable petition against Knight and Pittman, seeking to enjoin them from cutting timber, or otherwise trespassing, on land lots Nos. 331 and 332 in the 8th district of Ware county. The plaintiff alleged, that these lots were granted to Thomas Dyson in 1850; that letters of administration de bonis non cum testamento annexo upon the estate of Thomas Dyson were issued to him by the court of ordinary of Thomas county in 1903; that leave to ■sell said land…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. The 4th ground of the motion for a new trial assigns error upon the court’s refusal to exclude the testimony of a witness as to a certain memorandum. Inasmuch as no part of the memorandum referred to was stated by the witness, it would seem that the defendant could not have been hurt by the admission of this testimonybut the evidence itself was immaterial, and should have been excluded upon objection of the defendants’ counsel, based upon that ground.
2. The 6th ground of the motion complains of the admission in evidence of a certified copy of the will of Thomas…
2Cases cited2 opinions
- Bagley v. KennedySupreme Court of Georgia · 1894
- Miller v. Savannah Fire Co.Supreme Court of Georgia · 1859