Lindsey v. Lindsey
Supreme Court of Georgia
Decision upon habeas corpus, by Judge Iverson, in Superior Court of Muscogee county, May Term, 1858. John A. Lindsey, by petition to the Court, showed that he married Sarah A. Jeffries in 1844, by whom he had one child, a female. That his wife had abandoned him, against his consent, and was now living in a state of adultery, with another man. That she had possession of his child, and prayed a writ of habeas corpus.
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Decision upon habeas corpus, by Judge Iverson, in Superior Court of Muscogee county, May Term, 1858. John A. Lindsey, by petition to the Court, showed that he married Sarah A. Jeffries in 1844, by whom he had one child, a female. That his wife had abandoned him, against his consent, and was now living in a state of adultery, with another man. That she had possession of his child, and prayed a writ of habeas corpus. In return to the writ, Mrs. Lindsey admitted the marriage and the possession of the child; averred that she left the house of petitioner, because of his ill-treatment, his…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] It is questionable, from the testimony, whether or not Sarah Lindsey was near enough to the witness, Downs, Perry and her mother, to hear the conversation which Downs says *659occurred between himself and these persons. If she did not hear it, she was not bound by it. The witness says she was sitting about twenty feet from where the conversation took place; if so, it was possible for her to hear what was said, and so the Court may have thought, when the testimony was admitted.
But if this be not so, it occurs to us that what was thqp said, if at…
2Cited by23 opinions
- Miller v. WallaceSupreme Court of Georgia · 1886
- Chapin v. CummingsSupreme Court of Georgia · 1940
- Sloan v. JonesSupreme Court of Georgia · 1908
- Hill v. RiversSupreme Court of Georgia · 1946
- Brandon v. BrandonSupreme Court of Georgia · 1922
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