Tison v. Yawn
Supreme Court of Georgia
Ejectment, in Baker Superior Court. Tried before Judge Perkins, May Term, 1854. This was an action of ejectment, upon the demise of Jacob Tison, and also of the heirs of Joab Tison vs. Anthony Yawn, for a lot of land. Defendant’s counsel filed interrogatories for Jacob Tison, to prove: 1st. That there never was any such man; and, 2d. That if there ever was such a man, ho was dead.
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Ejectment, in Baker Superior Court. Tried before Judge Perkins, May Term, 1854. This was an action of ejectment, upon the demise of Jacob Tison, and also of the heirs of Joab Tison vs. Anthony Yawn, for a lot of land. Defendant’s counsel filed interrogatories for Jacob Tison, to prove: 1st. That there never was any such man; and, 2d. That if there ever was such a man, ho was dead. Plaintiff’s counsel objected to, answering, because it had not been made to appear to tho Court, either by the affidavit of the party, or otherwise, that the testimony was material. The Court over-ruled the…
1Opinion of the Court
*493 By the Court.
Lumpkin, J.,
delivering the opinion.
[1.] Was the Court authorized to grant its mandate, directing interrogatories to issue for Jacob Tyson ? In other words, was it made to appear, by the oath of the defendant, or othertvise, in the language of the Act of 1847,- that the testimony was material; and that the questions propounded were pertinent ?
It will be remarked, that Jacob Tison is one of the lessors of the plaintiff. Now, the object of this testimony was, as the record discloses, to prove by the party himself, whose name was thus used, either that he never existed, or that he…
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- Smith v. Central Railroad & Banking Co.Supreme Court of Georgia · 1889
- Payne Butler v. Providence Gas CompanySupreme Court of Rhode Island · 1910
- Corcoran v. Merchants & Miners Transportation Co.Court of Appeals of Georgia · 1907
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