Eagle & Phenix Manufacturing Co. v. Bradford
Supreme Court of Georgia
Lost papers. Practice in the Superior Court. Records. Evidence. Before Judge Crawford. Muscogee Superior Court. November Term, 1875. During the November term, 1875, of the superior court of Muscogee county, Bradford, as trustee of the Howard Manufacturing Company, petitioned the court, in substance, as follows: On February 5th, 1852, Van Leonard, as trustee for said company, commenced his action of covenant against the Water Lot Company of the city of Columbus, and at the…
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Lost papers. Practice in the Superior Court. Records. Evidence. Before Judge Crawford. Muscogee Superior Court. November Term, 1875. During the November term, 1875, of the superior court of Muscogee county, Bradford, as trustee of the Howard Manufacturing Company, petitioned the court, in substance, as follows: On February 5th, 1852, Van Leonard, as trustee for said company, commenced his action of covenant against the Water Lot Company of the city of Columbus, and at the -November term, 1859, of the superior court, recovered a judgment against said defendant for $3,083 00, and costs. Van…
1Opinion of the Court
Bleckley, Judge.
1. The verdict was recorded on the minutes. The original papers were all lost, and if they were ever recorded in the record of writs, etc., the book containing the record was lost also. The originals were office papers, and being lost, were subject to be established, instanter, on motion: Code, section 3980.
2. The right to establish depends in nowise upon the previous recording or not recording of the papers, nor upon the preservation or loss of the record. The original papers, whether recorded or not recorded, are office papers; and they are equally so after the loss of the…
2Cited by5 opinions
- Mize v. HarberSupreme Court of Georgia · 1940
- Teasley v. NelsonSupreme Court of Georgia · 1927
- Salter v. SalterCourt of Appeals of Georgia · 1950
- Torrent v. SulterSupreme Court of Georgia · 1881
- Humphrey v. JohnsonCourt of Appeals of Georgia · 1913