Sullivan v. Hugly
Supreme Court of Georgia
In equity, in Monroe Superior Court. Tried before Judge Cabaniss, at August Term, 1860. Amos Hugly and his wife Caroline had born to them during their coverture, a male child, Franklin Hugly. When Franklin was born they lived in Upson county. They afterwards moved to Chattooga county, where Amos Hugly died ; his widow next died, and then Franklin also died.
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In equity, in Monroe Superior Court. Tried before Judge Cabaniss, at August Term, 1860. Amos Hugly and his wife Caroline had born to them during their coverture, a male child, Franklin Hugly. When Franklin was born they lived in Upson county. They afterwards moved to Chattooga county, where Amos Hugly died ; his widow next died, and then Franklin also died. This bill is brought against Spencer Sullivan, as administrator of Franklin Hugly, for an account and distribution, by William W. Collier, as next friend of Anderson Hugly, and nine others, minors, who allege that they are the next of kin,…
1Opinion of the Court
By the Cowrt
Lyon, J.,
delivering the opinion.
What the midwife, Mrs. Cooper, said of the child, at the time of its birth, was hearsay, not evidence, and properly rejected. The statement was nothing but an opinion, and if *321sustained by her oath would have been of but little weight • without, it was a mere idle declaration. The opinions of persons cannot be proven or used as evidence in this way— that is, a witness will not be permitted to prove the opinions of others on any question. Robbins vs. Treadway, 2 J. J. Marsh, 542.
There is but one other point in the case, and that is whether the verdict…
2Cases cited1 opinion
- Wright v. HicksSupreme Court of Georgia · 1854
3Cited by13 opinions
- Wynes v. StateSupreme Court of Georgia · 1936
- Benn v. McBrideCourt of Appeals of Georgia · 1976
- Gibbons v. Maryland Casualty Co.Court of Appeals of Georgia · 1966
- Summer v. AllisonCourt of Appeals of Georgia · 1972
- Jones v. StateCourt of Appeals of Georgia · 1912
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