Butler v. Livingston
Supreme Court of Georgia
Trover, &e. in Sumter Superior Court. Tried before Judge Perkins, August Term, 1858. The questions arose, in this cause, upon the trial of an action of trover, brought by Joel Butler against W. Livingston, for the recovery of three negroes. Tho defendant claimed them as a gift from the plaintiff, his father-in-law. On tho trial, ho proposed to prove the valuó of plaintiff’s property, which ■being allowed by the Court, is the first error assigned in the record.
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Trover, &e. in Sumter Superior Court. Tried before Judge Perkins, August Term, 1858. The questions arose, in this cause, upon the trial of an action of trover, brought by Joel Butler against W. Livingston, for the recovery of three negroes. Tho defendant claimed them as a gift from the plaintiff, his father-in-law. On tho trial, ho proposed to prove the valuó of plaintiff’s property, which ■being allowed by the Court, is the first error assigned in the record. Tho following cross-intcrrogatories were propounded to L. L. Harrison, a witness for the plaintiff: “ Did you not threaten to kill, or…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
We propose to consider two, only, of the numerous assignments of error.
Eirst, the charge of the Court, as to the admissions made by the defendant, relative to the title of the negroes. And secondly, the refusal to grant a new trial, on the ground that the verdict was decidedly and strongly against the weight of evidence.
[1.] Upon the first point, the Court instructed the Jury, that if they believed the witnesses, Pitman, Barton, Anderson and George W. Harrison; and that Livingston made the admissions testified to by them, acknowledging that the…
2Cases cited1 opinion
- Hunt v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
3Cited by4 opinions
- German Evangelical Bethel Church of Concordia v. ReithSupreme Court of Missouri · 1931
- Grady County v. BankerCourt of Appeals of Georgia · 1950
- Harper v. Atlanta & West Point RailroadCourt of Appeals of Georgia · 1924
- Glover v. WrightSupreme Court of Georgia · 1888