Walker v. Walker
Supreme Court of Georgia
Motion for new trial, in Upson Superior Court. Decided by-Judge Starke, April Term, 1851. At the July Term, 1850, of the Inferior Court of Upson County, sitting as a Court of Ordinary, the will of Charity Walker was propounded for record, by her executor, Nathaniel F. Walker. Benjamin Walker, an heir at law, of the said Charity, filed a caveat to the will. The Court admitted the will to record, and the caveator entered an appeal.
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Motion for new trial, in Upson Superior Court. Decided by-Judge Starke, April Term, 1851. At the July Term, 1850, of the Inferior Court of Upson County, sitting as a Court of Ordinary, the will of Charity Walker was propounded for record, by her executor, Nathaniel F. Walker. Benjamin Walker, an heir at law, of the said Charity, filed a caveat to the will. The Court admitted the will to record, and the caveator entered an appeal. At the April Term, 1851, of Upson Superior Court, the cause came on to be tried on the appeal. Much testimony was introduced by both parties, in relation to the…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
In this case, there was a motion for a new trial in the Court below, on two grounds: First. Because the verdict was contrary to the evidence. Second. Because one of the Jurors, impannelled to try the cause, while the same was pending, and after the testimony had been submitted, and a portion of the argument of counsel had been made, during the recess of the Court from one day until the next, went home with the caveator, remained all night at his house, and was entertained by him, at his, the caveator’s, expense, in whose favor the verdict was…
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