Legal Opinion

Cook v. Banks

Supreme Court of Georgia

Decided December 21, 1894PublishedCited by 3 opinions

Action on note. Before Judge Clark. Newton superior coui’t. March term, 1894. 1. One of the grounds of the motion for a new trial alleged that the court erred in allowing Bagby, a witness for the plaintiff, over objections of defendant’s counsel, to testify in manner stated. This ground set forth the testimony objected to, but did not show what ground of objection was presented to and ruled on by the .court below.

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Action on note. Before Judge Clark. Newton superior coui’t. March term, 1894. 1. One of the grounds of the motion for a new trial alleged that the court erred in allowing Bagby, a witness for the plaintiff, over objections of defendant’s counsel, to testify in manner stated. This ground set forth the testimony objected to, but did not show what ground of objection was presented to and ruled on by the .court below. The bill of exceptions assigned error upon the overruling of the motion for a new trial, When the case came on to be argued in the Supreme Court, counsel for plaintiff in error…

1Opinion of the Court

Lumpkin, Justice.

1. We are cheerfully willing to give due and conscientious obedience to the enactments of the General Assembly with reference to proceedings and practice in this court. While we honestly think there has been in some instances legislation too favorable to incompetent or negligent practitioners of the law, we are not inclined to question the authority of the lawmaking power to take care of those who either cannot or will not take proper care of themselves, nor do we wish to be understood as protesting against the exercise of such authority. After all, we have little doubt that…

2Cases cited1 opinion

  1. Estes v. OdomSupreme Court of Georgia · 1893

3Cited by3 opinions

  1. Hawkins v. Mayor of AmericusSupreme Court of Georgia · 1898
  2. Sumner v. SumnerSupreme Court of Georgia · 1902
  3. Borden v. Atlantic Coast Line RailroadCourt of Appeals of Georgia · 1939

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