Allison v. Wall
Supreme Court of Georgia
Equitable petition. Before Judge Roberts. Dodge superior court. February 26, 1904. J. H. Allison brought an equitable petition to enjoin Wall from cutting timber, and to recover damages for timber already cut. Both the plaintiff and the defendant claimed under a common grantor. The defendant claimed to be in possession under a conveyance from the heirs of Archibald McMillan.
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Equitable petition. Before Judge Roberts. Dodge superior court. February 26, 1904. J. H. Allison brought an equitable petition to enjoin Wall from cutting timber, and to recover damages for timber already cut. Both the plaintiff and the defendant claimed under a common grantor. The defendant claimed to be in possession under a conveyance from the heirs of Archibald McMillan. The plaintiff was a subtransferee and successor in title from his father, J. R. Allison; and the question involved depended mainly upon the construction to be given to the instrument of March 12, 1891, from Archibald…
1Opinion of the CourtLamar, J.
1-5. In judicial investigations it frequently becomes necessary for a jury to determine what is the reasonable value of services or property. In such cases expert and opinion evidence is admissible. There is an apparent, but no real analogy between this class of testimony and proof of reasonable time by like evidence in the present case. The distinction illustrates the *827reason underlying the rule. So far as reasonable value is concerned, opinion evidence is the only form of proof which can be made. At last, value is a matter of opinion. So many factors enter into its determination that it…
2Cases cited4 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Mayor of Milledgeville v. WoodSupreme Court of Georgia · 1901
- Warren v. . ShortSupreme Court of North Carolina · 1896
- Martin v. PeddySupreme Court of Georgia · 1904
3Cited by23 opinions
- Harris v. StateSupreme Court of Georgia · 1940
- Jones v. StateSupreme Court of Georgia · 1974
- Colleton Mercantile & Mfg. Co. v. GruberDistrict Court, E.D. South Carolina · 1925
- Morgan v. BellSupreme Court of Georgia · 1939
- Baker v. KenneySupreme Court of Iowa · 1910
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