Cole v. Byrd
Supreme Court of Georgia
Evidence. Fraud. Practice. Witness. Impeachment. New trial. Before Judge Hutchins.. Gwinnett superior court. October term, 1888. This is a claim case.
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Evidence. Fraud. Practice. Witness. Impeachment. New trial. Before Judge Hutchins.. Gwinnett superior court. October term, 1888. This is a claim case. From the record appear the following facts: On April 4, 1885, W. T. Cole sued W. D. Byrd for damages for the seduction of his daughter, and on March 15, 1887, recovered a verdict and judgment, and a fi. fa. issuing thereupon was levied upon certain land to which a claim was interposed by Mary A. Byrd, the mother of the defendant in fi. fa. On the trial of the issue thereupon made, the plaintiff admitted possession in her at the date of the…
1Opinion of the Court
Bleckley, Chief Justice.
1., The defendant in fi. fa. acquired title pending the suit, and also parted with title before judgment was rendered. Therefore, whether the judgment had any lien upon the property, would depend upon fraud or no fraud. . Certainly, upon that question, evidence both parol and in writing was admissible to explain the whole transaction. See 1st head-note.
2. It appears that a certain bond for titles was admitted in evidence without proving its execution, but it nowhere appears in the record that that objection was presented to the court at the time the bond was offered…
2Cited by13 opinions
- Robison v. StateSupreme Court of Georgia · 1901
- Baker v. StateCourt of Appeals of Georgia · 1914
- George v. McCurdyCourt of Appeals of Georgia · 1931
- Byrd v. GraceCourt of Appeals of Georgia · 1931
- Joiner v. StateSupreme Court of Georgia · 1898
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