Adair v. Adair
Supreme Court of Georgia
Secondary evidence. Before Judge Parrott. Murray Superior Court. April Term, 1869. This is the case reported in 38 Ga. M. 46. Upon the new trial there ordered by this Court, the bill for injunction and the action for ejectment were, by consent, tried together. There was a verdict in favor of complainants, reforming the deed and perpetually enjoining the action of ejectment. On the former trial, Collins McDonald had testified to matters material to C. D. Adair.
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Secondary evidence. Before Judge Parrott. Murray Superior Court. April Term, 1869. This is the case reported in 38 Ga. M. 46. Upon the new trial there ordered by this Court, the bill for injunction and the action for ejectment were, by consent, tried together. There was a verdict in favor of complainants, reforming the deed and perpetually enjoining the action of ejectment. On the former trial, Collins McDonald had testified to matters material to C. D. Adair. His testimony was, on the motion for new trial then made, reduced to writing, agreed to by the counsel in the cause, and approved by…
1Opinion of the CourtWarner, J.
This was a motion for a new trial in the Court below, which was overruled, the overruling of which is now assigned for error here. In regard to the main question, which was argued in reference to the reformation of the deed, some of the Court entertain doubts, whether the evidence was sufficient for that purpose. We therefore express no opinion on that branch of the case. We are all of the opinion that the evidence of Collins McDonald, given on a *77former trial, and reduced to writing, should have been admitted under the statement of facts disclosed by the record. It appears, that on a former…
2Cited by7 opinions
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- City of Columbus v. OgletreeSupreme Court of Georgia · 1897
- Swift v. Oglesby & SmithCourt of Appeals of Georgia · 1911
- Owen v. PalmourSupreme Court of Georgia · 1900
- Bloodworth v. StateSupreme Court of Georgia · 1925
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