Cloud & Shackleford v. Dupree
Supreme Court of Georgia
Claim, from Spalding. Tried before Judge Cabaniss, at November Term, 1858. This was a claim case, and tbe facts and proceedings had in the court below are as follows: Cloud & Shackleford obtained judgment against Charles T. Dupree and John F. Dupree, at November Term, 1855, of Spalding superior court, -and execution issued thereon dated 9th January, 1856, which was levied upon two negroes — Dock, a boy, and Rosetta, a girl, as the property of Charles T. Dupree.
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Claim, from Spalding. Tried before Judge Cabaniss, at November Term, 1858. This was a claim case, and tbe facts and proceedings had in the court below are as follows: Cloud & Shackleford obtained judgment against Charles T. Dupree and John F. Dupree, at November Term, 1855, of Spalding superior court, -and execution issued thereon dated 9th January, 1856, which was levied upon two negroes — Dock, a boy, and Rosetta, a girl, as the property of Charles T. Dupree. Levy made 29th September, 1858. To this property a claim was interposed by C. L. Dupree, as trustee of Mrs. Mary A. G. Dupree, the…
1Opinion of the Court
By the Court.
Benning, J.,
delivering the opinion.
Was the court below right in receiving the sayings of the defendant in fi. fa., offered as evidence by the claimant ?
We think so. The sayings were against the defend*173ant’s interest, and were uttered before the suit against him was commenced. They, therefore, were admissible both according to principle and to several decisions of this court. 8 Ga., 66; 20 Ga., 220; Ibid, 240.
If the court was right in charging what it did, it was certainly right in refusing to charge what it was requested to charge ; for the two things, the charge and the request,…
2Cases cited2 opinions
- Maxwell v. HarrisonSupreme Court of Georgia · 1850
- Horn v. Ross & LeitchSupreme Court of Georgia · 1856
3Cited by5 opinions
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- Bonner v. MetcalfSupreme Court of Georgia · 1877
- Gentry v. Cowan, McClung & Co.Supreme Court of Georgia · 1881
- Smith v. JohnsonCourt of Appeals of Georgia · 1913
- Sims v. AlbeaSupreme Court of Georgia · 1884