Brady v. Little
Supreme Court of Georgia
Claim, in Sumter Superior Court. Tried before Judge Allen. March Term, 1856. This was a motion to have entered on the minutes of the Court, nunc pro tunc as of November Term, 1846, an order dismissing the levy in this case; which order it was alleged was obtained at said Term of the Court, and for some cause was not entered upon the minutes. The motion was resisted.
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Claim, in Sumter Superior Court. Tried before Judge Allen. March Term, 1856. This was a motion to have entered on the minutes of the Court, nunc pro tunc as of November Term, 1846, an order dismissing the levy in this case; which order it was alleged was obtained at said Term of the Court, and for some cause was not entered upon the minutes. The motion was resisted. Claimant offered in evidence the Claim Docket, and upon which, at November Term. 1846, was the entry, “ Levy dismissed He also proved by Judge Warren that he presided at that term of the Court, and that said entry was in his hand…
1Opinion of the Court
By the Court,
McDonald, J.,
delivering the opinion.
[1.] There are two questions made in this record. Was the evidence of Thomas C. Sullivan properly received? is ' the first. He was claimant, a party to the record and interested. The facts proven by his evidence, are not such facts as a party is allowed, from the necessity of the case, to testify to, and we think the Court erred in admitting him as a witness. But the issue between the parties was tried by the Court, and there having been no jury, there was no motion for a new trial.
[2.] If the judgment of the Court was warranted by the…
2Cited by4 opinions
- Wilson v. Town of HandsboroMississippi Supreme Court · 1911
- Thigpen v. BattsSupreme Court of Georgia · 1945
- Thornton v. PerrySupreme Court of Georgia · 1897
- Southern Express Co. v. Chero-Cola Bottling Co.Court of Appeals of Georgia · 1919