Winter v. Muscogee Railroad
Supreme Court of Georgia
Assumpsit, &c., in Muscogee Superior Court. Tried before Judge Powers, November Adjourned Term, 1851. This was a suit by the Muscogee Railroad Company against John G. Winter, upon a subscription for $10,000 of the Stock of the said Company. When the case was called for a hearing, counsel for Winter moved for a continuance, on the ground of the absence of one Dubois, by whom he expected to prove the location of the present Muscogee Railroad; a fact material to the defence.
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Assumpsit, &c., in Muscogee Superior Court. Tried before Judge Powers, November Adjourned Term, 1851. This was a suit by the Muscogee Railroad Company against John G. Winter, upon a subscription for $10,000 of the Stock of the said Company. When the case was called for a hearing, counsel for Winter moved for a continuance, on the ground of the absence of one Dubois, by whom he expected to prove the location of the present Muscogee Railroad; a fact material to the defence. The Court refused the motion, holding that he would recognize the fact that the present Muscogee Railroad ran to Fort…
1Opinion of the Court
By the Court.
Warner, J.
delivering the opinion.
The first ground of error assigned on the record in this case, *443is the refusal of the Court below to continue the cause, on account of the absence of Dubois, a witness for the defendant, by whom he expected to prove the present location of the Muscogee Railroad; the Court holding, that it would recognize the existence of the fact which the defendant desired to prove by the witness, that the present route of the Railroad ran from Columbus to Fort Valley. According to the rule which this Court has heretofore adopted, we shall not control the…
2Cited by25 opinions
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- Snook v. Georgia Improvement Co.Supreme Court of Georgia · 1889
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