Blount v. Beall
Supreme Court of Georgia
Complaint on account. Before Judge Van Epps. City court of Atlanta. May term, 1894. Mrs. M. E. Beall sued the administrator of L. J. Gartrell on the following account: “ General L. J. Gartrell, to Mrs. M. E. Beall, dr. 1889-90. To one diamond finger-ring left with him, lost by him, and for which he agreed to pay the sum of $500.” The declaration was filed on July 11,1892. Defendant demurred for want of a cause of action, and the demurrer was overruled.
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Complaint on account. Before Judge Van Epps. City court of Atlanta. May term, 1894. Mrs. M. E. Beall sued the administrator of L. J. Gartrell on the following account: “ General L. J. Gartrell, to Mrs. M. E. Beall, dr. 1889-90. To one diamond finger-ring left with him, lost by him, and for which he agreed to pay the sum of $500.” The declaration was filed on July 11,1892. Defendant demurred for want of a cause of action, and the demurrer was overruled. He pleaded, in addition to the general issue, the statute of limitations, and set-off. The jury, on May 31, 1894, found for the plaintiff $500…
1Opinion of the Court
Atkinson, Justice.
' The facts necessary to an .understanding of this case appear in the official report.
1. Motions to continue are addressed to and are generally within the sound legal discretion of the court. The exercise of proper diligence by suing out the interrogatories of this witness,or by taking her depositions — it appearing that she was a resident of the city of Atlanta,— would have secured her testimony so that it could have been used upon- the trial of this case. If, therefore, the defendant had availed himself of the means afforded by the law to procure the testimony desired, it…
2Cited by39 opinions
- Ferguson v. GeorgiaSupreme Court of the United States · 1961
- Teasley v. BradleySupreme Court of Georgia · 1900
- Knowles v. BlueSupreme Court of Alabama · 1923
- Lankford v. HoltonSupreme Court of Georgia · 1938
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
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