Rogers v. Atkinson
Supreme Court of Georgia
In Equity. This cause was brought before the Supreme Court at Cassville, March term, 1846, upon the transcript of the record, bill of exceptions and writ of error thereon from the Superior Court of Floyd county. Its history is this.
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In Equity. This cause was brought before the Supreme Court at Cassville, March term, 1846, upon the transcript of the record, bill of exceptions and writ of error thereon from the Superior Court of Floyd county. Its history is this. Marshall Ligón, the intestate of Robert Atkinson and Menemiah Ligón, commenced suit in his lifetime against Job Rogers, the plaintiff in error, and Zachariah B. Hargrove, then also in life, the testator of James M. Spullock and Malinda Hargrove, to recover damages for a negro boy, wagon, team and harness, alleged to have been lost by the sinking of the ferry boat…
1Opinion of the Court
Lumpkin, Judge,
having stated the facts of the case, proceeded to deliver the opinion of the court as follows :
The view we take of this case, renders it unnecessary to examine the various questions which have been discussed by counsel. The decision complained of in the first assignment of error, requiring the original bill to be amended, was made before the act of the legislature was passed creating this court. We shall therefore, for the present at least, decline reviewing it. Whether we have the power to do so, is a point that has not been argued at bar, and as it may, and probably will be…
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