Janes v. Trustees of the Mercer University
Supreme Court of Georgia
Assumpsit, &c. in Polk Superior Court. Tried before Judge Irwin, March Term, 1854. The trustees of Mercer University commenced suit against the executors of Thomas G. Janes, upon the following instrument : “,f1.000. In consideration of the importance of literary and religious institutions to the well-being of society, I hereby promise to pay the Treasurer of the Ga.
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Assumpsit, &c. in Polk Superior Court. Tried before Judge Irwin, March Term, 1854. The trustees of Mercer University commenced suit against the executors of Thomas G. Janes, upon the following instrument : “,f1.000. In consideration of the importance of literary and religious institutions to the well-being of society, I hereby promise to pay the Treasurer of the Ga. Baptist Convention, or bearer, for the use of the Mercer University, Two Hundred-Dollars on the 1st January, 1838; Two Hundred Dollars on the 1st January, 1839; Two Hundred on the 1st January, 1840; Two Hundred Dollars 1st…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
As long as the plea, puis darrein continuance of Geo. W. West remained undisposed of, he continued a party to the suit. That plea was Dot disposed of ^when he was offered as a wit*519ness. He was therefore, when offered as a witness, a party to the suit.
[1.] And a party to a ’suit is not a competent witness for himself.
It does not appear that the payment of the salaries of Sanders and Burney was at all dependent on the result of the suit. Eor aught that appears to the contrary, the interest of the fund already in hand was sufficient to pay them their…
2Cited by8 opinions
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- Barrie v. MillerSupreme Court of Georgia · 1898
- McCrary v. PritchardSupreme Court of Georgia · 1904
- North Peachtree I-285 Properties, Ltd. v. HicksCourt of Appeals of Georgia · 1975
- State Historical Ass'n v. SilvermanCourt of Appeals of Georgia · 1909
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