O'Kelly v. Felker
Supreme Court of Georgia
Verdict. Presumptions. New Trial- Jurors. Mistake. Before Judge Hutchins. Walton Superior Court. February Term, 1883. • On December 3,1879, Eelker caused a summons of garnishment to be served on Lester, administrator of Benjamin O’Kelly, deceased, founded on a judgment against Benjamin M. O’Kelly.
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Verdict. Presumptions. New Trial- Jurors. Mistake. Before Judge Hutchins. Walton Superior Court. February Term, 1883. • On December 3,1879, Eelker caused a summons of garnishment to be served on Lester, administrator of Benjamin O’Kelly, deceased, founded on a judgment against Benjamin M. O’Kelly. The claim was based on the idea that Benjamin M. O’Kelly was an heir of the garnishee’s intestate, and was served to catch whatever amount might be going from tbe administrator to the heir. The garnishee answered that he was informed and believed that Benjamin M. O’Kelly had died before Benjamin…
1Opinion of the Court
Jackson, Chief Justice.
I. Excluding the testimony of the witness who made affidavit that he was mistaken in the O’Kelly referred to in his interrogatories, and had testified in reference to another man as having been in life within seven years of the intestate’s death, there is evidence to support the verdict. The credibility of witnesses and weight of testimony are matters for the jury; and the single question with this court, when the presiding judge approves their finding, is, does the evidence support, or rather, is there enough in the evidence to support it ?
We think that there is. It…
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