McColgan v. McKay
Supreme Court of Georgia
Assumpsit, from Sumter county. Tried before Judge Axlen, March Term, 1858. Plaintiff, McColgan, sued defendant McKay on the following bill of particulars. Neil McKay to Neil McColgan, Dr. To balance on setdement of partnership between you and me found, and acknowledge due me, $520,00. On the trial plaintiff offered in evidence an account, stating items particularly, signed by the defendant.
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Assumpsit, from Sumter county. Tried before Judge Axlen, March Term, 1858. Plaintiff, McColgan, sued defendant McKay on the following bill of particulars. Neil McKay to Neil McColgan, Dr. To balance on setdement of partnership between you and me found, and acknowledge due me, $520,00. On the trial plaintiff offered in evidence an account, stating items particularly, signed by the defendant. The part of this bill of exceptions giving a copy of this account is written so badly as not to be readable. Defendant’s counsel objected to the account upon the ground that there was no sufficient…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
We think, that the motion of McColgan, the plaintiff, for leave “to open his case, and prove that the paper” “ was an acknowledgment of an indebtedness for the amount of five hundred and twenty dollars,” should have been granted; especially, as McCqlgan resisted the nonsuit, insisting that Courts have no power to grant a nonsuit against the consent of the plaintiff, and it is, at least, a very doubtful question whether he was not right in this position. See 1. Pet. R 469.
*633It is almost a matter of course, to let in evidence upon a point, to save a…
2Cited by8 opinions
- Bridger v. Exchange BankSupreme Court of Georgia · 1906
- Walker v. Central of Georgia Railway Co.Court of Appeals of Georgia · 1933
- Penn v. Georgia Southern & Florida Railway Co.Supreme Court of Georgia · 1908
- Brooke v. LoweSupreme Court of Georgia · 1905
- Cone v. American Surety Co.Court of Appeals of Georgia · 1923
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