Wood v. McGuire's Children
Supreme Court of Georgia
Action to recover land and mesne profits, from Bibb Superior Court. Tried before Judge Powers, May Term, 1856. This was an action brought, in the form prescribed by Act of 1847, by the children of Milly McGuire, against Willis Wood, and William Johnston, to recover lot of land No. 68, in the fourth district of originally Houston, now Bibb county, and for mesne profits. The defendants pleaded : 1st. The general issue. 2d. The statute of limitations. 3d.
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Action to recover land and mesne profits, from Bibb Superior Court. Tried before Judge Powers, May Term, 1856. This was an action brought, in the form prescribed by Act of 1847, by the children of Milly McGuire, against Willis Wood, and William Johnston, to recover lot of land No. 68, in the fourth district of originally Houston, now Bibb county, and for mesne profits. The defendants pleaded : 1st. The general issue. 2d. The statute of limitations. 3d. (By way of amendment,) That since the commencement of this suit, one of the plaintiffs. Daniel J. McGuire, has conveyed his interest in the…
1Opinion of the Court
*581 By the Court.
Lumpkin, J.
delivering the opinion.
[1.] This case had been continued twice. It was in the discretion of the Court to continue it again, or not. Could the testimony of Lovick McGuire have been available had he attended Court, we should have been of the opinion', that the circumstances attending his absence, would have justified, if not absolutely required, a postponement of the cause. But the object of his evidence was to impeach his mother. To do this, the foundation had first to be laid by examining her. Interrogatories had been taken out for this purpose, which had not been…
2Cited by14 opinions
- Brown v. WestCourt of Appeals of Georgia · 1926
- Aycock v. Household Finance Corp.Court of Appeals of Georgia · 1977
- Gate City Cotton Mills v. MillsSupreme Court of Georgia · 1907
- McElmurray v. HarrisSupreme Court of Georgia · 1903
- Patellis v. TannerSupreme Court of Georgia · 1945
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