Mosely v. Gordon
Supreme Court of Georgia
Assumpsit, in Troup Superior Court. Tried before Judge Warner, May Term, 1854. This action was brought by Gordon against Mosely, to recover the value of a negro sold by defendant to plaintiff, with warranty of soundness. The following is the bill of exceptions: Be it remembered, that the above cause was called in its order for trial, on a day in said term when both parties announced ready.
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Assumpsit, in Troup Superior Court. Tried before Judge Warner, May Term, 1854. This action was brought by Gordon against Mosely, to recover the value of a negro sold by defendant to plaintiff, with warranty of soundness. The following is the bill of exceptions: Be it remembered, that the above cause was called in its order for trial, on a day in said term when both parties announced ready. The plaintiff opened his case, and offered and read in evidence to the Jury the following testimony, by commissions duly taken, to-wit: The deposition of one Isaac F. Gordon, offered to prove the execution…
1Opinion of the Court
By the Court.
Starnes, J.
delivering the opinion.
[1.] Error is first assigned in this case, because the Court below admitted the testimony of Isaac E. Gordon, taken by commission.
It is contended .that this evidence should not have been submitted to the Jury, because the witness did not state facts sufficient to show the execution of the bill of sale; that according to his statements, though he was present, it does not appear that he saw the instrument executed.
*394It is true, lie does not say, in explicit terms, that he saw the-parties■ affix their signatures, but he says what is tantamount…
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