McTyer v. Stearns
Supreme Court of Georgia
Complaint for land. Before Judge Frank Park. Decatur superior court. July 28, 1913. Frederick M. Stearns brought suit against Jesse P. Williams, of Chatham eountjr, and G. W. Dollar, of Decatur county. While the case was pending in this court, Williams died, and his administrators, E. A. McTyer et al., were made parties in his stead.
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Complaint for land. Before Judge Frank Park. Decatur superior court. July 28, 1913. Frederick M. Stearns brought suit against Jesse P. Williams, of Chatham eountjr, and G. W. Dollar, of Decatur county. While the case was pending in this court, Williams died, and his administrators, E. A. McTyer et al., were made parties in his stead. The petition alleges substantially as follows: The defendants are in possession of lot of land No. 130, in the 15th district of Decatur county, containing 250 acres, more or less. The plaintiff claims title to the land, being seized thereof in fee under the title…
1Opinion of the CourtHill, J.
(After stating the foregoing facts.)
1. The first ground of the amendment to the motion for a new trial complains that the court erred in admitting in evidence the original petition filed in the superior court of Decatur county by J. P. Williams against C. C. Cliett on December 28, 1898, together with the entries thereon: (1) On the ground that it was irrelevant and immaterial. (2) Because it does not purport to be signed by any person, but that a firm name is typewritten as the .signature to the petition. (3) Because the petition is not verified by the plaintiff in the suit, but by a member…
2Cases cited4 opinions
- Saint Paul Fire & Marine Insurance v. Brunswick Grocery Co.Supreme Court of Georgia · 1901
- Printup v. Patton & JacksonSupreme Court of Georgia · 1893
- Ward v. GraffNebraska Supreme Court · 1910
- Klein v. TurnerOregon Supreme Court · 1913
3Cited by5 opinions
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- Central of Georgia Railway Co. v. GoensCourt of Appeals of Georgia · 1923
- Updegraff v. AdamsIdaho Supreme Court · 1946
- Jones v. Mayor &C. of AthensCourt of Appeals of Georgia · 1961
- Smith v. WhitakerCourt of Appeals of Georgia · 1929