Legal Opinion

Boswell v. Blackman

Supreme Court of Georgia

Decided January 15, 1853No. 93PublishedCited by 11 opinions

Assumpsit, &e. in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. John C. Blackman brought suit .against John J. Boswell and George H. Sims, jointly, upon an account for one hundred days’ work and labor, at $2 per day.

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Assumpsit, &e. in Muscogee Superior Court. Tried before Judge Iverson. November Term, 1852. John C. Blackman brought suit .against John J. Boswell and George H. Sims, jointly, upon an account for one hundred days’ work and labor, at $2 per day. Upon the trial, plaintiff below offered in evidence, the depositions of Burrel Blackman and Thomas G. Blackman, taken under commission; both of whom testified to conversations with John J. Boswell, in which Boswell admitted that he had employed the plaintiff for himself and Sims, at ‡2 per day, to work upon the mills of Boswell & Sims. Sims, by his…

1Opinion of the Court

By the Court.*

Nisbet, J.

delivering the opinion.

[1.] The admissions of one of two or more parties to the record do not bind the others, and are not admissible, unless a joint interest is established by independent proof. As in cases of partnership, the partnership being proven, the admissions of one, are the admissions of all. In all cases where the admis*593sions of one party are sought to be given in evidence to bind, the others, a joint interest must be first proven. Whether a partnership be proven in any given case of this kind, is a preliminary question for the Court. Here, whether the…

2Cited by11 opinions

  1. Carter v. Marble Products Inc.Supreme Court of Georgia · 1934
  2. Craven v. StateAlabama Court of Appeals · 1927
  3. Atlantic & Birmingham Railroad v. ReynoldsSupreme Court of Georgia · 1903
  4. Gordon v. GilmoreSupreme Court of Georgia · 1914
  5. Brown v. PerezTexas Supreme Court · 1896

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