Legal Opinion

Fain v. Cornett

Supreme Court of Georgia

Decided March 15, 1858PublishedCited by 7 opinions

Trover and new trial, from Gordon county. Tried before Judge Trippe, September Term, 1857. T*his was an action brought by a son-in-law, against the widow, as administratrix of the father-in-law, for the recovery of certain negroes, which he alleged his father-in-law had given him during his lifetime.

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Trover and new trial, from Gordon county. Tried before Judge Trippe, September Term, 1857. T*his was an action brought by a son-in-law, against the widow, as administratrix of the father-in-law, for the recovery of certain negroes, which he alleged his father-in-law had given him during his lifetime. After the close of the testimony, the Court charged the jusy, “ that if they believed from the evidence that a gift of the negroes had been made by U. D. Cornett, deceased, to the plaintiff, that they should find for the plaintiff; but still, if there was testimony rebutting the proof that a gift…

1Opinion of the Court

By the Court.

Lumpkin J.

delivering the opinion.

" This was an action brought by a son-in-law, to recover of the widow and legal representative of his father-in-law, afamily of negroes, alleged to have been given to the plaintiff and his wife, by the defendant’s intestate.

Considerable testimony was offered on both sides of this case. The verdict was for the defendant, and there was a motion for a new trial upon two grounds.

First, because the verdict w;as contrary to evidence; second, on account of the misdirection of the Court in its charge to the jury.

As we intend sending this case back, we…

2Cited by7 opinions

  1. Gainesville & Northwestern Railroad v. GallowayCourt of Appeals of Georgia · 1916
  2. Georgia Railway & Power Co. v. ShawCourt of Appeals of Georgia · 1929
  3. Ocean Steamship Co. v. McAlpinSupreme Court of Georgia · 1883
  4. King v. Luck Illustrating Co.Court of Appeals of Georgia · 1918
  5. Georgia, Ashburn, Sylvester & Camilla Railway Co. v. RutherfordCourt of Appeals of Georgia · 1961

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