White v. Wallen
Supreme Court of Georgia
Complaint, in Harris Superior Court. Tried before JudgeCraweord, at September Term, 1854. Wallen sued White on a note for $125, payable to Igon or-bearer. The defence was, partial failure of consideration. On the. trial, defendant introduced a witness to prove the failure-of consideration, which, on motion, the Court rejected until defendant-first proved that the note was transferred after due-To this decision defendant excepted.
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Complaint, in Harris Superior Court. Tried before JudgeCraweord, at September Term, 1854. Wallen sued White on a note for $125, payable to Igon or-bearer. The defence was, partial failure of consideration. On the. trial, defendant introduced a witness to prove the failure-of consideration, which, on motion, the Court rejected until defendant-first proved that the note was transferred after due-To this decision defendant excepted. Defendant proved by one Wilkinson that a person representing himself as the agent for Igon presented the note for payment in his presence; he-thought in the Spring…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
[1.] The order in which a party is to introduce his evidence, is to be regulated by the discretion of the Court.
In this case, no special reason was assigned to the Court, for the wish to prove, first of all, the partial failure of consideration pleaded. Had any such reason been assigned, it would, it is to be presumed, have been listened to by the Court. The refusal of the Court, therefore, to let proof of the partial failure of consideration come first, is not to be disturbed.
So the second refusal to admit the evidence, is not to be disturbed.…
2Cited by11 opinions
- Canal Insurance Co. v. TateCourt of Appeals of Georgia · 1965
- Jones v. StateSupreme Court of Florida · 1895
- Ellis v. Cameron & Barkley Co.Court of Appeals of Georgia · 1984
- Williams v. StateSupreme Court of Georgia · 1933
- Soebel v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1907
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