Rattaree v. Morrow
Supreme Court of Georgia
Processioning. Practice in Superior Court. Evidence. Practice in Supreme Court. Before Judge Hammond. Clayton Superior Court. February Term, 1883. Morrow petitioned the processioners of the 548th district, G. M., to have the lines around his place surveyed and marked anew. The processioners made a return which stated that they had, together with the county surveyor, surveyed, traced and marked “a new line between H. L-Morrow and Alex.
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Processioning. Practice in Superior Court. Evidence. Practice in Supreme Court. Before Judge Hammond. Clayton Superior Court. February Term, 1883. Morrow petitioned the processioners of the 548th district, G. M., to have the lines around his place surveyed and marked anew. The processioners made a return which stated that they had, together with the county surveyor, surveyed, traced and marked “a new line between H. L-Morrow and Alex. Ratteree impartially, and to the best of our ability, and that the above and foregoing plat is one made by county surveyor, and that the above is a description…
1Opinion of the Court
Hall, Justice.
1. This case makes two questions: 1st. Where a protest is filed by the party notified, to the report of processioners, *530is he or his opponent entitled, upon the trial of the issue made by the protest, to begin and conclude the argument before the jury ? There is no direct rule upon the subject, and no. reason occurs to us why the applicant for the proceeding is differently situated from any other plaintiff or movant, in respect to this question. Where there is evidence on both sides, the plaintiff has the right to open and conclude the argument.
2. Under the facts of this case,…
2Cases cited1 opinion
- Watson v. BishopSupreme Court of Georgia · 1882
3Cited by14 opinions
- Georgia Talc Co. v. Cohutta Talc Co.Supreme Court of Georgia · 1913
- Reynolds v. KinseyCourt of Appeals of Georgia · 1935
- Earney v. OwenSupreme Court of Georgia · 1957
- Philpot v. WellsCourt of Appeals of Georgia · 1943
- Overstreet v. DixonCourt of Appeals of Georgia · 1963
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