Dale v. Christian
Supreme Court of Georgia
Attachment. Before Judge Thomas. Brooks superior court. November 8, 1912. Christian sued out an attachment against Dale upon the grounds that he was absconding and that he was actually removing without the limits of Brooks county. The defendant traversed the grounds of the attachment; and upon the trial of the issue thus made'the jury found for the plaintiff. A motion for a new trial was overruled, and the defendant excepted.
1Opinion of the CourtBeck, J.
1. The court erred in permitting the plaintiff to testify that he signed a note at the Bank of Quitman for the amount for which the attachment was issued, as security for the defendant; this evidence having been admitted over timely objection upon the ground that the note was the best evidence to show the amount for which it was given, and who signed it. However, if upon the production of the note it does not appear on the face of it whether the plaintiff signed as surety or not, it would be competent to establish that fact by his testimony.
2. The ruling of the court admitting other evidence…
2Cited by3 opinions
- Harrison v. Regents of the University SystemCourt of Appeals of Georgia · 1962
- Dale v. BeasleySupreme Court of Georgia · 1914
- Babb v. KershCourt of Appeals of Georgia · 1955