Leaptrot v. Robertson
Supreme Court of Georgia
Trover. New trial granted, by. Judge Gibson. Washington Superior Court. March term, 1867. Geo. W. Robertson, as survivor of G. W. and B. F. Robertson, brought trover against Leaptrotj for twenty-one bales of cotton. Leaptrot plead general issue, etc. During the trial, Leaptrot was offered, as a witness in his own behalf; but, because said B. E. Robertson was dead, the Court would not allow Leaptrot to testify. The 'evidence is not material here.
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Trover. New trial granted, by. Judge Gibson. Washington Superior Court. March term, 1867. Geo. W. Robertson, as survivor of G. W. and B. F. Robertson, brought trover against Leaptrotj for twenty-one bales of cotton. Leaptrot plead general issue, etc. During the trial, Leaptrot was offered, as a witness in his own behalf; but, because said B. E. Robertson was dead, the Court would not allow Leaptrot to testify. The 'evidence is not material here. The verdict was against the plaintiff. A motion for new trial was made. It contained many points, but the Court and counsel for Leaptrot, differed so…
1Opinion of the CourtHarris, J.
1. Many grounds of error are assigned in the bill of exceptions, which we cannot consider, as the facts on which they are predicated, are not admitted by the Judge below to be true.
*5872. One, however, about which there is no dispute, is presented, which requires our decision. In the progress of the trial, Leaptrot, the defendant in the action of trover, offered himself as a witness, to support his defence. It was objected that as B. F. Robertson, one of the firm of G. W. and B. F* Robertson, was dead, the defendant, in such case, was excluded, by the proviso to the Act of 1866. The Court…
2Cited by2 opinions
- Dowdy v. Watson & LewisSupreme Court of Georgia · 1902
- Crews v. CrewsSupreme Court of Georgia · 1931