Moody v. Davis
Supreme Court of Georgia
In Equity, in Crawford Superior Court. Tried before Judge Stark, February Term, 1851. The bill charges that previous to the intermarriage of the complainants in 1848, unfortunate difficulties, disagreements and disputes, had arisen between Lewis Davis, the defendant, (and the father of Mrs. Moody, one of the complainants,) one Baldwin M. Fluker, ahd Mrs. Moody, then Miss Davis, concerning grievous injuries and wrongs inflicted by the said Baldwin M. upon Mrs. Moody, the…
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In Equity, in Crawford Superior Court. Tried before Judge Stark, February Term, 1851. The bill charges that previous to the intermarriage of the complainants in 1848, unfortunate difficulties, disagreements and disputes, had arisen between Lewis Davis, the defendant, (and the father of Mrs. Moody, one of the complainants,) one Baldwin M. Fluker, ahd Mrs. Moody, then Miss Davis, concerning grievous injuries and wrongs inflicted by the said Baldwin M. upon Mrs. Moody, the complainant; that for the purpose of effecting a compromise and adjusting the difficulties, and making compensation for the…
1Opinion of the Court
By the Court.
Nisbet, J.
delivering the opinion.
[1.] The showing for a continuance was not sufficient; it was a question of diligence, and the rule of Court for the execution and return of commissions had nothing to do with it; the plaintiff in error had not used proper diligence to get the testimony of the witness, Fluker. One year preceding the term at which this continuance was applied for, a commission to examine the witness had been taken out and forwarded to Franklin, Alabama, and solicitors for the complainants were informed that he had removed from Alabama. This information was received…
2Cited by16 opinions
- Kelly v. Strouse & Bros.Supreme Court of Georgia · 1903
- State v. ChaneyCourt of Appeals of Maryland · 2003
- Goodrum v. StateSupreme Court of Georgia · 1878
- Johnston-Crews Co. v. FolkSupreme Court of South Carolina · 1922
- Wilcoxon v. AldredgeSupreme Court of Georgia · 1941
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