Creech v. Ossep
Supreme Court of Georgia
Eule for contempt. Before Judge W. H. Long. City court of Quitman. April 8, 1919. B. Ossep brought suit against L. T. Creech Jr., in the city court of Quitman, to recover the sum-of $735, for the breach of a contract for the sale of five cars of melons; to which petition the defendant demurred, as well as filed his answer.
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Eule for contempt. Before Judge W. H. Long. City court of Quitman. April 8, 1919. B. Ossep brought suit against L. T. Creech Jr., in the city court of Quitman, to recover the sum-of $735, for the breach of a contract for the sale of five cars of melons; to which petition the defendant demurred, as well as filed his answer. During the pendency of the hearing the attorneys for the plaintiff served notice upon the attorneys for the defendant that they would take the depositions of the defendant before W. E. Knight, clerk of the superior court of the county, an ex-officio commissioner to take…
1Opinion of the CourtBeck, P. J.
1. Two questions are raised for decision in this case. One is whether a party to a suit is a witness within the meaning of that term as used in section 5910 of the Civil Code, providing that either party litigant in any court of record in certain counties may take the depositions of a witness in the case. The term “witness,” as here employed, the context being considered and the purposes of the act looked to, is broad enough to include any competent and compellable witness in any of the cases referred to in the statute who could be compelled to testify on the stand on the trial of the ease or…
2Cited by4 opinions
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- Reynolds v. ReynoldsSupreme Court of Georgia · 1961