Legal Opinion

Thompson v. Cody

Supreme Court of Georgia

Decided May 5, 1897PublishedCited by 10 opinions

Levy and claim. Before Judge Beese. Warren superior court. October term, 1895. Upon five promissory notes averaging about $75 each,, Jep. M. Oody obtained judgments against Jaick Thompson on November 23, 1888, the notes being dated December 12, 1884, January 1, 1885, and January 1, 1886, and' bearing interest and attorney’s fees.

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Levy and claim. Before Judge Beese. Warren superior court. October term, 1895. Upon five promissory notes averaging about $75 each,, Jep. M. Oody obtained judgments against Jaick Thompson on November 23, 1888, the notes being dated December 12, 1884, January 1, 1885, and January 1, 1886, and' bearing interest and attorney’s fees. The executions issued upon these judgments were levied upon 135 acres of land' to which a claim was interposed by John L. Thompson, a son of the defendant in fi. fa. Upon the trial the court' directed a verdict for the plaintiff, and afterwards overruled a motion by…

1Opinion of the Court

Atkinson, Justice.

The facts are stated in the official report.

1. To determine the several questions submitted in this case, we will first consider whether the claimant was a competent witness, upon the trial of this case, to testify as to transactions and dealings between himself and the defendant in execution. Under the provisions of our Civil Gode, §5269, all persons are competent and compellable to give evidence on behalf of either or both of the parties to a suit, unless such person fall within some of the exceptions stated in that section of the code. In a claim case the only two…

2Cases cited1 opinion

  1. Dawson v. BriscoeSupreme Court of Georgia · 1896

3Cited by10 opinions

  1. McCann v. Glynn Lumber CompanySupreme Court of Georgia · 1945
  2. Sisler v. ShafferWest Virginia Supreme Court · 1897
  3. Boynton v. ReeseSupreme Court of Georgia · 1900
  4. Hester v. GairdnerSupreme Court of Georgia · 1907
  5. Dodson v. PhaganSupreme Court of Georgia · 1971

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