Smith v. Mitchell
Supreme Court of Georgia
In Equity, in Floyd Superior Court- Tried before Judge "Wright, October Term, 1848. Daniel R. Mitchell filed his bill of complaint in Floyd Superior Court, charging that on the 12th of May, 1841, being owner of a valuable tract of land lying near the city of Rome, in the fork of the Oostanaula and Etowah Rivers, it was agreed and contracted between him and one William Smith, that Smith would purchase the said land at the sum of $8,000; whereupon, Smith gave complainant his…
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In Equity, in Floyd Superior Court- Tried before Judge "Wright, October Term, 1848. Daniel R. Mitchell filed his bill of complaint in Floyd Superior Court, charging that on the 12th of May, 1841, being owner of a valuable tract of land lying near the city of Rome, in the fork of the Oostanaula and Etowah Rivers, it was agreed and contracted between him and one William Smith, that Smith would purchase the said land at the sum of $8,000; whereupon, Smith gave complainant his notes, one for $2,000, due December 25th, 1842, and the other for $6,000, due 25th December, 1843, and Mitchell gave his…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The verdict in this case was handed to the Cl'erk, by order of the presiding Judge, in the recess of the Court, at night, and without the consent of the defendant, Smith, or his counsel. In the morning, the Jury having dispersed, and being now in Court, the defendant moved to examine them by the poll, whether they had agreed upon a verdict. The motion was refused. Under the circumstances of this case we do not think that the Court erred in this refusal. It does not appear from the record, that the verdict had been recorded when the motion to…
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