Lawson v. Powell
Supreme Court of Georgia
Assumpsit,' in Burke Superior Court. Decision made by Judge Holt, at the May Term, i860. Robert R. Lawson brought an action of assumpsit, in Burke Superior Court, against Green B. Powell, as the executor of Zilpha Tomlin, to recover the amount of an account due from the te-statrix in her lifetime, and when the case was called for trial at the May Term, 1859, the plaintiff proposed to read the answers of ’Wilson O. Davis, to interrogatories taken by commission, and duly…
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Assumpsit,' in Burke Superior Court. Decision made by Judge Holt, at the May Term, i860. Robert R. Lawson brought an action of assumpsit, in Burke Superior Court, against Green B. Powell, as the executor of Zilpha Tomlin, to recover the amount of an account due from the te-statrix in her lifetime, and when the case was called for trial at the May Term, 1859, the plaintiff proposed to read the answers of ’Wilson O. Davis, to interrogatories taken by commission, and duly returned into Court, in which the witness, Davis, testified: That he was present at the office of Alexander McKenzie, in…
1Opinion of the Court
By the Court. —
Lumpkin, J.,
delivering the opinion.
Was the Court right in rejecting the testimony of Wilson O. Davis, who was examined by commission to' prove the *683admissions and promises of Green B. Powell, executor of Zilpha Tomlin, deceased, of the indebtedness of his testator to the plaintiff ?
In Sample, Adm'r, vs. Lipscomb, Adm'r, 18 Ga. Rep. 687, it was held by this Court, that administrators or executors, plaintiffs in an action, were bound by their acknowledgments in relation to the subject-matter of the suit, and that if .the estate they represented was injured by these admissions,…
2Cases cited2 opinions
- Sample v. LipscombSupreme Court of Georgia · 1855
- Forsyth v. GansonNew York Supreme Court · 1830
3Cited by2 opinions
- Horkan v. BenningSupreme Court of Georgia · 1900
- Warren v. LeonardSupreme Judicial Court of Maine · 1916