Pope v. Toombs
Supreme Court of Georgia
Trover, in Wilkes Superior Court. Decision by Judge James Tiiomas, September Term, 1866. Eliza Pope brought an action of trover against Robert Toombs, for several negroes. The defendant claimed as administrator of Henry J. Pope. Upon the trial, a verdict was rendered for the plaintiff at March Term, 1856, and a motion was then made for a new trial.
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Trover, in Wilkes Superior Court. Decision by Judge James Tiiomas, September Term, 1866. Eliza Pope brought an action of trover against Robert Toombs, for several negroes. The defendant claimed as administrator of Henry J. Pope. Upon the trial, a verdict was rendered for the plaintiff at March Term, 1856, and a motion was then made for a new trial. At September Term, 1856, Counsel for plaintiff moved to dismiss the motion, because no brief of all the evidence in the cause had over been approved by tbo Court or agreed upon by Counsel, and such approval and agreement entered on the minutes. The…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.. The Court over-ruled the motion to dismiss .the motion for a new trial. Ought the Court to have done so ? This is the-first question.
The answer to this question depends,- manifestly, upon this : Was the brief of the evidence a correct brief? And the answer to that question depends upon this: Had the brief been approved by the Court, or agreed to by the parties?
Had the brief been approved by the Court ? The brief was appended to the motion and was referred to in the motion. The motion also contained a prayer, that the brief might be approved by…
2Cited by1 opinion
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