Legal Opinion

Trustees of Howard College v. Pace

Supreme Court of Georgia

Decided July 15, 1854No. 69PublishedCited by 17 opinions

Assumpsit, &c. in Dougherty Superior Court. Decision by Judge Perkins, May Term, 1854. , 1 The first question made, is one of practice ;• and- that is, at what time a party is required to respond to a notice to produce papers, material to the cause. The Court below held,- that such response was not requisite, prior to the announcement by the party, notifying of his readiness for trial.: This is the first error assigned.

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Assumpsit, &c. in Dougherty Superior Court. Decision by Judge Perkins, May Term, 1854. , 1 The first question made, is one of practice ;• and- that is, at what time a party is required to respond to a notice to produce papers, material to the cause. The Court below held,- that such response was not requisite, prior to the announcement by the party, notifying of his readiness for trial.: This is the first error assigned. The main question arose thus: Alfred EL Worthy gave to the Trustees of Howard College, his-promissory note, for $500. Mary Worthy, by parol, assumed to pay this note; the…

1Opinion of the Court

By the Court.

Denning, J.,

delivering the opinion.

Apart of the sixth section of the Judiciary Act of 1799, is in these words : “ The said Courts shall have power, on the 'trial of causes cognizable before them, . respectively, on ten days’ notice, and proof thereof being previously given to the opposite party, or his, her or their attorney, on motion to require either party to produce books and other writings, in his, her or their possession, power or custody, which shall contain evidence pertinent to the cause in question, under circumstances where such party might be compelled to produce the…

2Cited by17 opinions

  1. McIntire v. RaskinSupreme Court of Georgia · 1931
  2. Smith v. PeacockSupreme Court of Georgia · 1902
  3. Knight v. JacksonSupreme Court of Georgia · 1923
  4. Southern Exchange Bank v. PopeSupreme Court of Georgia · 1921
  5. Helmer v. HelmerSupreme Court of Georgia · 1924

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