Ware v. Craven
Supreme Court of Georgia
Certiorari, in Gordon Superior Court. Decision by Judge Crook, at October Term, 1859. R. W. Craven brought suit in a Justices’ Court, against E. P. Ware, guardian of Miss Eliza Applebey, a minor, on an account for work done and services rendered as a dentist, for Miss Applebey. At the first trial in the Justices’ Court, plaintiff recovered judgment for the amount of his account.
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Certiorari, in Gordon Superior Court. Decision by Judge Crook, at October Term, 1859. R. W. Craven brought suit in a Justices’ Court, against E. P. Ware, guardian of Miss Eliza Applebey, a minor, on an account for work done and services rendered as a dentist, for Miss Applebey. At the first trial in the Justices’ Court, plaintiff recovered judgment for the amount of his account. The defendant appealed, and upon the trial on appeal, the same testimony offered on the first trial was again submitted, to-wit: The affidavit of plaintiff, in support of his account, and the counter-affidavit of…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1.- We do not agree with the presiding Judge, that this verdict in favor of the defendant in the Justices’ Court is against the evidence. The only evidence which the plaintiff *37there had to carry it the other way, was his own affidavit, and the testimony of Mr. and Mrs. Chum. As to his own affidavit, it was met by a counter-affidavit by the defendant, and no reason is shown in the case why the jury should not have believed the defendant rather than the plaintiff. As to the testimony of Mr. and Mrs. Chum, it covers only one point among several,…
2Cited by1 opinion
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