Legal Opinion

Williams v. Turner

Supreme Court of Georgia

Decided August 15, 1849No. 56PublishedCited by 10 opinions

In Equity. DeKalb Superior Court. Tried before Judge Hill, March Term, 1849. In 1823, John B. Nelson established a ferry across the Chattahoochee river, the east landing being on a fraction purchased by him from the State — No. 20 — and to which fraction, a grant issued to him in 1827, when the last instalment was paid. The west landing was upon lands then occupied by the Indians.

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In Equity. DeKalb Superior Court. Tried before Judge Hill, March Term, 1849. In 1823, John B. Nelson established a ferry across the Chattahoochee river, the east landing being on a fraction purchased by him from the State — No. 20 — and to which fraction, a grant issued to him in 1827, when the last instalment was paid. The west landing was upon lands then occupied by the Indians. Nelson continued the ferry during .his life, and after his death, it was kept up for the benefit of his heirs. When the lands on the West bank of the Chattahoochee were drawn by lottery, the guardian of Nelson’s…

1Opinion of the Court

By the Court. —

Nisbet, J.

delivering the opinion.

[1.] The testimony of Brooks was properly rejected. The cross question grew fairly out of the direct examination. It is answered only in part. The inquiry, “ whether there is now a ferry at the same place,” is not answered at all. It will not do to permit a witness to judge what questions he shall answer, and what not; unless the questions are such, as bylaw, he is not bound to answer, he must answer all. It is for the Court to determine, when the testimony is brought in, what answers are legal, and what not. This is more important, when the…

2Cited by10 opinions

  1. Estill v. Citizens & Southern BankSupreme Court of Georgia · 1922
  2. In Re Martin, Jr.Ohio Supreme Court · 1943
  3. Jackson v. JacksonSupreme Court of Georgia · 1920
  4. McCoy v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
  5. McRae v. BoykinCourt of Appeals of Georgia · 1935

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