Taylor v. Holland
Supreme Court of Georgia
Motion, in Jones Superior Court. Decision by Judge Hardeman, April Term, 1856. This was an application to establish a copy of a lost writ process, bail bond, &e. on which an issue had been formed, and a general verdict found for the defendant. Counsel then moved the Court for liberty to enter an appeal from this verdict. This motion was refused, and this refusal is the error assigned.
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The bill of exceptions in this case, presents but this single question: Whether an appeal lies from a verdict found on an issue in a proceeding under the sixth section of the Judiciary Act of 1799, to establish lost papers ?
It has been laid down by this Court, that an appeal lies, in general, in every case in which a statute gives a Jury trial — ■ the twenty-sixth rule of Court to the contrary, notwithstanding. (4 Gf-a. 395.)
Does any statute give a Jury trial, in a proceeding such as the present ? The closing words of the said sixth section of…
2Cited by7 opinions
- Lowe v. BurkeSupreme Court of Georgia · 1887
- Ennis v. EnnisSupreme Court of Georgia · 1951
- Rutland v. HathornSupreme Court of Georgia · 1867
- Byers v. LiebermanCourt of Appeals of Georgia · 1972
- McCrary Engineering Corp. v. City of BowdonCourt of Appeals of Georgia · 1984
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