Walker & Chapman v. H. C. Mitchell & Co.
Supreme Court of Georgia
Continuance. Evidence. Before Judge Johnson. Muscogee Superior Court. November Term, 1869. H. C. Mitchell and Robert M. Gunby, partners under the style of H. C. Mitchell & Company sued Woolfolk Walker and Henry A. Chapman, partners, under the style of Walker & Chapman, upon an open account for $1,757 78, for goods sold and delivered. No credits appeared upon their bill of particulars. The plea was payment in full, without specifying how or when.
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Continuance. Evidence. Before Judge Johnson. Muscogee Superior Court. November Term, 1869. H. C. Mitchell and Robert M. Gunby, partners under the style of H. C. Mitchell & Company sued Woolfolk Walker and Henry A. Chapman, partners, under the style of Walker & Chapman, upon an open account for $1,757 78, for goods sold and delivered. No credits appeared upon their bill of particulars. The plea was payment in full, without specifying how or when. When the cause was called defendants moved for a continuance on the following grounds, supported by the oath of said Walker; That before the Court he…
1Opinion of the Court
By the Court—
BROWN, C. J.,
delivering the opinion.
1. We incline to think the motion for a continuance might very properly have been granted upon the showing made in this case, but as this was a matter in the sound discretion of the presiding Judge, we will not interfere, as we cannot say there was manifest abuse of that discretion.
2. The evidence which was rejected by the Court, taken alone, would seem to be irrelevant. But when taken in connection with what both Walker and Gunby had sworn, we think it was admissible. As it had been testified that three of the four drafts were to be credited…
2Cited by6 opinions
- Curtis v. StateCourt of Appeals of Georgia · 1960
- Nugent v. WatkinsSupreme Court of Georgia · 1907
- Talbotton Railroad v. GibsonSupreme Court of Georgia · 1898
- Willis v. KempCourt of Appeals of Georgia · 1974
- Williams v. YoungCourt of Appeals of Georgia · 1962
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