Bigelow v. Young
Supreme Court of Georgia
Trover, in Polk Superior Court. Tried before Judge Hammond, at October Term, 1859. This was an action of trover, brought by Rebecca Young against Benj. F. Bigelow, for the recovery of a negro man slave named Sam, The parties having announced themselves ready, counsel for plaintiff called on counsel for defendant to respond to a notice to produce certain papers at the trial.
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Trover, in Polk Superior Court. Tried before Judge Hammond, at October Term, 1859. This was an action of trover, brought by Rebecca Young against Benj. F. Bigelow, for the recovery of a negro man slave named Sam, The parties having announced themselves ready, counsel for plaintiff called on counsel for defendant to respond to a notice to produce certain papers at the trial. Defendant, in response, produced these papers ; one a receipt from the plaintiff and one Scott Young to defendant for $246 .37, dated 17th January, 1852. The second, a paper, of which the following is a copy : “Benton…
1Opinion of the Court
By the Oourt.
Stephens, J.,
delivering the opinion.
1. We think the Court erred in allowing parol evidence of the contents of the writing, about which Yernon and Hall testified, to go to the jury. If we make the assumption on which Mrs. Young’s whole case rests, that this paper is a different one from those produced in Court by Bigelow under notice, then there was not the slightest proof that the paper ever was executed. On the other hand, if the paper was not a different one, then it was not lost, but was in Court, and ought to have been allowed to speak for itself, to the exclusion of all…
2Cited by25 opinions
- Johnson v. StateSupreme Court of Georgia · 1970
- Britten v. StateSupreme Court of Georgia · 1965
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Melson v. DicksonSupreme Court of Georgia · 1879
- Strickland v. StateSupreme Court of Georgia · 1902
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