Dawson v. Callaway
Supreme Court of Georgia
Trover, in Meriwether Superior Court. Tried before .-Judge Bull, February Term, 1855. This was an action of trover, brought by Edward J. Dawson against James Callaway, for the recovery of four negroes —Patsey and her three children. The defendant pleaded' the general issue and Statute of Limitations. On the trial, the plaintiff proposed to read the evidence of David Dawson, taken by commission.
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Trover, in Meriwether Superior Court. Tried before .-Judge Bull, February Term, 1855. This was an action of trover, brought by Edward J. Dawson against James Callaway, for the recovery of four negroes —Patsey and her three children. The defendant pleaded' the general issue and Statute of Limitations. On the trial, the plaintiff proposed to read the evidence of David Dawson, taken by commission. The interrogatories were filed in Court, in August, 1851, and the trial was had in February, 1855. No objection having been filed, the defendant objected to the evidence, because the commissioners did…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
It appears, upon the face of the return of the commissioners to examine David Dawson, that David Dawson signed the depositions returned.
It is very doubtful, therefore, whether enough does not appear upon the face of that return to show the commission to have been well executed- — very doubtful whether enough-does not appear upon the face of the return, to show that the depositions were, in fact, “ answered, subscribed and sworn-to” before the commissioners, by the witness. I, myself, am-very much disposed to think that there does appear enough to…
2Cited by17 opinions
- Drawdy v. HestersSupreme Court of Georgia · 1908
- Wallace v. MizeSupreme Court of Georgia · 1922
- Baldwin v. BoydNebraska Supreme Court · 1885
- McRae v. BoykinCourt of Appeals of Georgia · 1935
- Rucker v. RuckerSupreme Court of Georgia · 1911
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