Legal Opinion

Abney v. West

Court of Appeals of Georgia

Decided April 5, 1960No. 38130Published

1Opinion of the Court

Nichols, Judge.

1. The testimony of the- plaintiff was that the certificates were given to the defendant to put in her safety deposit box for safekeeping. The provisions of Code § 38-1603 which prohibit the opposite party in a case by or against a personal representative of a deceased person from testifying as to transactions with such deceased person does not prohibit the personal representative from testifying as to such transactions. See Lane v. Howard, 201 Ga. 616, 621 (40 S. E. 2d 537), and citations. Therefore, the testimony of the plaintiff, the personal representative of the deceased,…

2Cases cited4 opinions

  1. Adler v. AdlerSupreme Court of Georgia · 1950
  2. Guest v. StoneSupreme Court of Georgia · 1949
  3. Lane v. HowardSupreme Court of Georgia · 1946
  4. Upchurch v. UpchurchCourt of Appeals of Georgia · 1947

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