Legal Opinion

Jackson v. Jackson

Supreme Court of Georgia

Decided December 15, 1869PublishedCited by 7 opinions

Competency of wife^ Misconduct of juror. Uncertainty. Before Judge Bigby. Heard Superior Court. March Term, 1869. On the 9th of February, 1863, A. H. Jackson gave to James Jackson his promissory note for $5,216 32-100, due at one day after date. They died. Nancy Jackson administered upon James Jackson’s estate, she being his widow, and R. H. Jackson administered upon the estate of A. H. Jackson. She, as administratrix, sued R. H. Jackson, as administrator, on said note.

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Competency of wife^ Misconduct of juror. Uncertainty. Before Judge Bigby. Heard Superior Court. March Term, 1869. On the 9th of February, 1863, A. H. Jackson gave to James Jackson his promissory note for $5,216 32-100, due at one day after date. They died. Nancy Jackson administered upon James Jackson’s estate, she being his widow, and R. H. Jackson administered upon the estate of A. H. Jackson. She, as administratrix, sued R. H. Jackson, as administrator, on said note. The defence was an effort to scale it under the Ordinanpe of 1865, and to reduce it under the Relief Act of 1868. The trial…

1Opinion of the CourtWarner, J.

Mrs. Jackson was a competent AAitness on the trial of the case, under the 3798th section of the'Code, but she should not be allowed.to testify as to any fact which come to her knoAvledge by reason of the confidential relation of husband and Avife, during her coverture, as the Avife of'her deceased husband: 1st Greenleaf’s Evidence, sections 254, 337. . ~

The jury found a verdict for the plaintiff for principal, interest and cpsts.- In view of the fact that one of the credits on the note' was uncertain, both-as to the amount and date thereof, and was disputed on the trial, the verdict in this…

2Cited by7 opinions

  1. Goodrum v. StateSupreme Court of Georgia · 1878
  2. Georgia International Life Insurance v. BoneyCourt of Appeals of Georgia · 1976
  3. Sellers v. MannSupreme Court of Georgia · 1901
  4. Hull v. SullivanSupreme Court of Georgia · 1879
  5. White v. StateCourt of Appeals of Georgia · 1994

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