Cox v. Weems
Supreme Court of Georgia
Practice in the Supreme Court. New Trial. Practice in the Superior Court. Interrogatories. Wills. Trust. Husband and wife. Estates. Before Judge Hillyer. Henry Superior Court.
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Practice in the Supreme Court. New Trial. Practice in the Superior Court. Interrogatories. Wills. Trust. Husband and wife. Estates. Before Judge Hillyer. Henry Superior Court. April Term, 1879. In September, 1874, Mrs. Cox filed her bill against Weems to recover the possession of the seventy-five acres of land the use of which for life was devised to her by her father, Samuel Weems, as stated in the third head-note, and mesne profits or rent for the time it had been possessed by defendant, the grandson of the testator, and his father. The great point of contest was as to whether the…
1Opinion of the Court
Bleckley, Justice.
1. The motion for a new trial is too loose in respect to the evidence of Mrs. Weems. There were several conversations, and the answers of the witness extend to .five direct and four cross-interrogatories. We cannot locate the motion on this or that part of the testimony. The obnoxious answers ought to have been pointed out by number or by quotation, or in some other way so as to leave no uncertainty as to the subject-matter and range of the objection.
2. The motion for a new trial is a part of the pleidings. 17 Ga., 141; 55 Ib., 464 ; 57 Ib., 151. It does not belong to the…
2Cases cited2 opinions
- Kitchens v. HutchinsSupreme Court of Georgia · 1872
- Snelling v. DarrellSupreme Court of Georgia · 1855