Cornelia Planing Mill Co. v. Wilcox
Supreme Court of Georgia
Foreclosure of lien. Before Judge Kimsey. Habersham superior court. September -11, 1906. The Cornelia Planing Mill Company brought an action against Mrs. I. E. Wilcox, and alleged, that she was indebted to the plaintiff in the sum of $266.13 on an account; “that said account is for material furnished her, and for work done on material for her in the erection of a certain house . . located on a certain lot of land [in the town of Mt.
Read the full summary
Foreclosure of lien. Before Judge Kimsey. Habersham superior court. September -11, 1906. The Cornelia Planing Mill Company brought an action against Mrs. I. E. Wilcox, and alleged, that she was indebted to the plaintiff in the sum of $266.13 on an account; “that said account is for material furnished her, and for work done on material for her in the erection of a certain house . . located on a certain lot of land [in the town of Mt. Airy] whereon Mrs. I. E. Wilcox now-resides, and is in possession of.” Wherefore plaintiff prays judgment against Mrs. I. E. Wilcox for said amount, and that…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. Error is assigned upon the ruling of the court in refusing to permit a witness for the plaintiff to testify that “he [witness] found the property was in her [defendant’s] name.” Even if this were not secondary evidence, it does not appear from what source the witness derived this information. Standing alone, the evidence shows upon its face that it was merely a conclusion of the witness, based upon information, the verity of which does not appear. The witness should have stated the facts and allowed the jury to find in whose name the property was.' So far as the…
2Cases cited10 opinions
- Sayer v. BrownSupreme Court of Georgia · 1904
- McElhannon v. StateSupreme Court of Georgia · 1896
- Akers v. Kirke & Co.Supreme Court of Georgia · 1893
- Lamar v. PearreSupreme Court of Georgia · 1892
- Pinkston v. Cedar Hill Nursery & Orchard Co.Supreme Court of Georgia · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Oglesby v. Farmers Mutual ExchangeCourt of Appeals of Georgia · 1973
- Jones v. StateCourt of Appeals of Georgia · 1947
- Nix v. LukeCourt of Appeals of Georgia · 1957
- Barrington v. Davis Jenkins & SonsCourt of Appeals of Georgia · 1932
- Healthdyne, Inc. v. HenryCourt of Appeals of Georgia · 1977
8 more not listed; retrieve them via the Exa API.