Gable v. Gable
Supreme Court of Georgia
Equitable petition. Before Judge Beagan. Fayette superior court. April 29, 1907. David Gable, by his next friend, J. C. Harper, filed his equitable petition against J. L. Gable, G. W. Biles, and Al Hardy, for the purpose of cancelling a deed made by the father of the plaintiff, J. E. Gable, to J. L. Gable, and one made by J. L. Gable to Biles and Hardy, and to recover the land described in them, and mesne profits.
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Equitable petition. Before Judge Beagan. Fayette superior court. April 29, 1907. David Gable, by his next friend, J. C. Harper, filed his equitable petition against J. L. Gable, G. W. Biles, and Al Hardy, for the purpose of cancelling a deed made by the father of the plaintiff, J. E. Gable, to J. L. Gable, and one made by J. L. Gable to Biles and Hardy, and to recover the land described in them, and mesne profits. It was alleged, that J. E. Gable was insane and unable to contract at the time when he made the deed to J. L. Gable, and so remained until his death in 1903; that J. L. Gable had…
1Opinion of the Court
Lumpkin, J..(After stating the facts.)
1, 2. The grant or refusal of a continuance is a matter as to which the presiding judge must exercise a sound discretion; and his decision will not be reversed, unless such discretion has been abused. It was not so in this case. The motion to continue was based on the ground that J. L. Gable, one of the, defendants, and who was also desired as a witness for the other two defendants, and had been subpoenaed by them,' was sick and unable to attend the trial. The evidence offered in support of the motion was an unsworn certificate of a doctor that Gable was…
2Cases cited2 opinions
- Fletcher v. HorneSupreme Court of Georgia · 1886
- Camp v. BrittSupreme Court of Georgia · 1904
3Cited by11 opinions
- Opatut v. Guest Pond Club, Inc.Court of Appeals of Georgia · 1988
- Smith v. Federal Land BankSupreme Court of Georgia · 1935
- Taylor v. WarrenSupreme Court of Georgia · 1932
- Hartley v. Marietta Nursery Co.Supreme Court of Georgia · 1912
- Porter v. PorterCourt of Appeals of Georgia · 1916
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