Binion v. Miller
Supreme Court of Georgia
In Equity, from Schley county. Tried before Judge Womiill; and motion for new trial refused, at August Term, 1858. This was a bill filed by William H. Binion, and Thomas M. Bailey and wife, against Emson Miller, administrator, in right or stead of his wife, of the estate of William Binion, deceased, late of Columbia county.
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In Equity, from Schley county. Tried before Judge Womiill; and motion for new trial refused, at August Term, 1858. This was a bill filed by William H. Binion, and Thomas M. Bailey and wife, against Emson Miller, administrator, in right or stead of his wife, of the estate of William Binion, deceased, late of Columbia county. The bill was for an account and distribution of said estate; complainants William H. Binion and Mrs. Thomas being the children of intestate, and Miller, ¡he defendant, being the husband of the widow of deceased, and administrator in right thereof. Defendant answered the…
1Opinion of the Court
By the Court.
McDonald, J.
delivering the opinion.
There were five distinct grounds on which the defendant in the Court below moved for a new trial. The two first grounds, 1st. that the verdict of the jury was contrary to evidence, and 2d, that it was contrary to law may be put in one, neither of which will it be necessary for this Court to consider further than they may be involved in the other grounds. The Court below granted a new trial, on the single ground, that the charge to the jury on the subject of interest, was contrary to law. The assignment of error is special that, a new trial ought…
2Cited by1 opinion
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