Legal Opinion

Smith v. Kershaw

Supreme Court of Georgia

Decided July 15, 1846No. 40PublishedCited by 5 opinions

This was an action of trover and conversion, for the recovery of certain slaves, at the instance of the plaintiff in error, against the defendant in error, tried before Judge Hill, presiding in the Superior Court of Muscogee county, at May Term, 1846. The evidence disclosed in the record, and the point made and determined, being set forth in the opinion delivered by the Supreme Court, are omitted in this place.

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This was an action of trover and conversion, for the recovery of certain slaves, at the instance of the plaintiff in error, against the defendant in error, tried before Judge Hill, presiding in the Superior Court of Muscogee county, at May Term, 1846. The evidence disclosed in the record, and the point made and determined, being set forth in the opinion delivered by the Supreme Court, are omitted in this place. The reader is referred to that opinion for the proper information in this regard.

1Opinion of the Court

By the Court

Nisbet, Judge.

The record in this case furnishes no evidence whatever, except as to a single point. This omission is fatal to all the points taken in the bill of exceptions, except lhat one. This court will not entertain a writ of error upon points which, so far as the record discloses the testimony, do not spring out of the evidence or the pleadings. The certificate of *260the judge, declares that the bill of exceptions is correct; that is, as we are compelled to infer, judicially — it contains the whole record, and the whole of the evidence. If that be so, then neither the pleadings…

2Cited by5 opinions

  1. Taylor v. GelfandCourt of Appeals of Georgia · 1998
  2. Geer v. ThompsonCourt of Appeals of Georgia · 1908
  3. Lamb v. NabersSupreme Court of Georgia · 1968
  4. Analytical Systems, Inc. v. ITT Commercial Finance Corp.District Court, N.D. Georgia · 1986
  5. Phillips v. EvansCourt of Appeals of Georgia · 1932

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