Harris & Mitchell v. McArthur
Supreme Court of Georgia
Amendment. Promissory notes. Practice. Admission. Evidence. Charge of court. Before Judge Roberts. Dodge superior court. February adjourned term, 1891. Action by McArthur, surviving partner of the firm of McArthur & Griffin, against Harris &■ Mitchell, upon a contract of lease and certain promissory notes therein referred to.
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Amendment. Promissory notes. Practice. Admission. Evidence. Charge of court. Before Judge Roberts. Dodge superior court. February adjourned term, 1891. Action by McArthur, surviving partner of the firm of McArthur & Griffin, against Harris &■ Mitchell, upon a contract of lease and certain promissory notes therein referred to. The contract was dated March 3, 1887, and by it McArthur & Griffin leased to Harris & Mitchell all the saw-mill timber upon lots of land 149, 153, 154, 176, 179, 180, 182, 183, 184, 185, 186, 204, 205 and 209 in the 13th district of Dodge county, and agreed to give them…
1Opinion of the Court
*217 Judgment reversed.
When the case was called for trial, the plaintiff stated that Hamilton Clark, a material witness for him, was absent though duly subpoenaed; that he would testify that the timber had all been cut on lots numbers 154, 17b', 184, 185, 186/204, 205 and 209, before the filing of the suit; and that plaintiff would be ready for trial only in the event the defendants Avould admit the truth of said fact expected to he proved by the absent witness. Thereupon the defendants announced that they would admit that the timber was all cut on said lots, and the trial proceeded. After the…
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