Stubbs v. Central Bank
Supreme Court of Georgia
Motion to dismiss the writ of error. The bill of exceptions in this cause simply stated that the defendants excepted to the several decisions of the Court, as follows: 1st. Because the Court erred in deciding that commissions to take interrogatories might issue in blank in regard to the names of the commissioners. 2d.
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Motion to dismiss the writ of error. The bill of exceptions in this cause simply stated that the defendants excepted to the several decisions of the Court, as follows: 1st. Because the Court erred in deciding that commissions to take interrogatories might issue in blank in regard to the names of the commissioners. 2d. Because the Court erred in refusing to allow the defendants to prove the improper and corrupt conduct of one of the commissioners who acted in taking interrogatories for plaintiff, not offered in evidence, in order to discredit and reject other interrogatories read to the Jury,…
1Opinion of the Court
By the Court. —
Lumpkin, J.
delivering the opinion.
[1.] A preliminary motion is submitted in this case, which if well founded, must dispose of the writ of error. It is, that the bill of exceptions does not embrace the material facts upon which the judgment of the Court below was rendered, and that it is too vague and uncertain to enable this Court to review the decision of the Court below, and determine upon it understandingly. It contains no statement of the nature of the action, the defence set up, nor any brief of the oral, or copy of the written evidence adduced on the trial, or any portion…
2Cases cited3 opinions
- Culbertson v. StanleyIndiana Supreme Court · 1841
- Barton v. WellsSupreme Court of Pennsylvania · 1840
- Wilhite v. RobertsCourt of Appeals of Kentucky · 1838
3Cited by8 opinions
- Carter v. Marble Products Inc.Supreme Court of Georgia · 1934
- Byrd v. GoodmanSupreme Court of Georgia · 1943
- Capital Ford Truck Sales, Inc. v. United States Fire InsuranceCourt of Appeals of Georgia · 1986
- Saliba v. SalibaSupreme Court of Georgia · 1946
- Warnell v. PonderCourt of Appeals of Georgia · 1936
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