Dœbler v. Waters
Supreme Court of Georgia
Assumpsit, in Gwinnett Superior Court. Tried before Judge Hutchins, at September Term, 1859. This was an action of Assumpsit brought by Valentine S. Doebler against Thomas J. Waters, as drawer upon the following draft or bill, viz : $500 00. Philadelphia, Oct. 22d, 1856. On the first day of December, 1856, pay to the order of ValentineS. Doebler, five hundred dollars, and charge to account of Thomas J. Waters.
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Assumpsit, in Gwinnett Superior Court. Tried before Judge Hutchins, at September Term, 1859. This was an action of Assumpsit brought by Valentine S. Doebler against Thomas J. Waters, as drawer upon the following draft or bill, viz : $500 00. Philadelphia, Oct. 22d, 1856. On the first day of December, 1856, pay to the order of ValentineS. Doebler, five hundred dollars, and charge to account of Thomas J. Waters. To Mr. Jesse L. Leach, Williamsport, Lee Co., Penn. • Defendant pleaded the general issue. Upon the trial, plaintiff offered in evidence the above bill, the foundation of the action. He…
1Opinion of the Court
By the Court.
Stephens, J.,
delivering the opinion.
1. There is not enough in the bill of exceptions to show that any error was committed in rejecting the written agreement; and error must affirmatively appear. It is obvious that the bill of exceptions does not disclose the real ground on which the agreement was rejected. The- opinion of the Judge refusing a new trial supplies the deficiency, but does not show error; for from that it appears that there was a subscribing witness to the instrument. Of course the paper could not go in evidence without resorting to him or accounting for him.
2. One…
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