Goodwyn v. Goodwyn
Supreme Court of Georgia
Trover, in Coweta Superior Court. Tried before Judge Bull, March Term, 1856. This was an action of trover brought by Napoleon B. Goodwyn against Nancy Goodwyn for some nine negroes.- The defendant pleaded the general issue and the Statute of Limitations.
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Trover, in Coweta Superior Court. Tried before Judge Bull, March Term, 1856. This was an action of trover brought by Napoleon B. Goodwyn against Nancy Goodwyn for some nine negroes.- The defendant pleaded the general issue and the Statute of Limitations. The following is the evidence in the case: Napoleon B. Goodwyn offered in evidence the following-testimony, viz: The copy will of Elizabeth Goodwyn, his grand-mother, by which the said Elizabeth bequeathed to him Winney and her children, subject to a trust deed on the children. Under and by virtue of said will, plaintiff claims title to the…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] No authority has been produced to justify it, and we know of no practice to sanction the introduction of testimony not to impeach the veracity but the memory of the witness. It would be attended with great inconvenience, and hinder and delay the progress of business, by turning aside to form these collateral issues. Once open the door to this sort of investigation, and it would not be restricted to the memory, but would apply to any real or supposed deficiency in any other mental faculty.
By a cross-examination of the witness himself, as was…
2Cited by24 opinions
- Parrott v. BakerSupreme Court of Georgia · 1889
- Patton v. Bank of LaFayetteSupreme Court of Georgia · 1906
- Jones v. StateSupreme Court of Georgia · 1974
- Randall v. StateCourt of Appeals of Georgia · 1945
- Beasley v. BurtSupreme Court of Georgia · 1946
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