Johnson v. Baldwin
Supreme Court of Georgia
Motion for Continuance, in Randolph Superior Court. Decided by Judge Perkins, at November Term, 1859. Jacob Johnson filed a bill in equity against Moses H. Baldwin, alleging that said Baldwin had previously sold to one Sikes a lot of land, taking his notes for the purchase-money, which notes Baldwin had transferred for value; that complainant had purchased said lot from Sikes and paid him for it, and that Baldwin had recently commenced his action of ejectment to recover said…
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Motion for Continuance, in Randolph Superior Court. Decided by Judge Perkins, at November Term, 1859. Jacob Johnson filed a bill in equity against Moses H. Baldwin, alleging that said Baldwin had previously sold to one Sikes a lot of land, taking his notes for the purchase-money, which notes Baldwin had transferred for value; that complainant had purchased said lot from Sikes and paid him for it, and that Baldwin had recently commenced his action of ejectment to recover said land, etc. When the case was called for trial, complainant moved to continue the same, on the ground that previous to…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
We think the continuance ought to have been granted. The testimony sought was most material, and the complainant seems to have used diligence to get it. The suggestion was, not that he had been deficient in diligence, but that, so far as we know, he has exhausted his power, and has no assurance of being able to get the evidence hereafter; for, it was said, we do not know that the laws of Alabama provide for process to compelí a witness resident there to answer interrogatories from another State. We think they do furnish such process; but we…
2Cited by1 opinion
- Brown v. StateSupreme Court of Georgia · 1880