Tompkins v. Williams
Supreme Court of Georgia
Ejectment, in. Heard Superior Court. Tried before Judge • Bull, November Term, 1855. Before this cause was submitted to tbe Jury, tbe plaintiff moved the Court to reject the depositions of Jesse J. Cavender, on the ground that the commission issued for John Cavender, and the commissioners had inserted Jesse J. in lieu of John.
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Ejectment, in. Heard Superior Court. Tried before Judge • Bull, November Term, 1855. Before this cause was submitted to tbe Jury, tbe plaintiff moved the Court to reject the depositions of Jesse J. Cavender, on the ground that the commission issued for John Cavender, and the commissioners had inserted Jesse J. in lieu of John. It was not denied, however, that the person was the* same, and known to he so when the interrogatories were crossed; and that the interrogatories had been in office twelve months, and no objection before filed. The Court rejected the testimony, and defendant excepted.…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] Was the Court right in rejecting the testimony of •Jesse J. Cavender ?
We think not. It being conceded that the plaintiff knew .the person intended to be examined, and that he had directed his cross-examination accordingly, he could not possibly have been injured by the misnomer. Besides, the case being on the appeal, and the interrogatories having been filed in the Clerk’s office for more than twelve month-3, the objection •should have been made in writing, before the case was submitted to the Jury. It was apparent on the face of the papers.
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2Cited by9 opinions
- Choice v. StateSupreme Court of Georgia · 1860
- Carter v. JohnsonSupreme Court of Georgia · 1923
- Cade v. JenkinsSupreme Court of Georgia · 1892
- Gammage v. PerryCourt of Appeals of Georgia · 1923
- Christopher v. MootySupreme Court of Georgia · 1923
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