Cothran v. Forsyth
Supreme Court of Georgia
Evidence. Claims. Practice in Superior Court. Debtor and Creditor. Deeds. Fraud. Insolvency. Before Judge BROWN. Floyd Superior Court.
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Evidence. Claims. Practice in Superior Court. Debtor and Creditor. Deeds. Fraud. Insolvency. Before Judge BROWN. Floyd Superior Court. March Term, 1881. A fi. fa. issued from Floyd Superior Court in favor of Daniel R. Mitchell against Wade S- Cothran, Hugh D. Cothran and James M. Elliott, doing business under the firm name of Cothrans & Elliott, was levied on a lot in the city of Rome as the property of the said Cothrans; a claim was interposed by Hugh D. Cothran, as trustee for his wife and children. Plaintiff in fi. fa. having died, his administrator, Forsyth; was made a party. Claimant’s…
1Opinion of the Court
Jackson, Chief Justice.
The motion for a new trial in this case is based on three grounds : First, that the claimant was not permitted to conclude the argument; secondly, that the court gave erroneous charges to the jury; and thirdly, that certain evidence was rejected.
1. There was no error in rejecting the evidence. Part of it was objectionable, being the hearsay of another person, not a party, and the rest objectionable because it was the witness' sayso about the intention of his father, without giving any facts to show that intention.
2. There was no error in awarding the conclusion of the…
2Cases cited19 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Westmoreland v. PowellSupreme Court of Georgia · 1877
- Walker v. WalkerSupreme Court of Georgia · 1853
- Mattingly v. NyeSupreme Court of the United States · 1869
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3Cited by27 opinions
- Glenn v. TankersleySupreme Court of Georgia · 1938
- Martin v. StateCourt of Appeals of Georgia · 1979
- Keeter v. Bank of EllijaySupreme Court of Georgia · 1940
- Mercantile National Bank v. AldridgeSupreme Court of Georgia · 1974
- Fuller v. StateSupreme Court of Georgia · 1943
22 more not listed; retrieve them via the Exa API.