Wood v. Milly Mcguire's Children
Supreme Court of Georgia
Ejectment, in Bibb Superior Court. Tried before Judge Hardeman, November Term, 1854. The following is the bill of exceptions: Plaintiff introduced as evidence the will of Thomas Rainey,, dated 17th September, 1828, and admitted to probate 6th January, 1829, and regularly executed, so as to pass real estate.
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Ejectment, in Bibb Superior Court. Tried before Judge Hardeman, November Term, 1854. The following is the bill of exceptions: Plaintiff introduced as evidence the will of Thomas Rainey,, dated 17th September, 1828, and admitted to probate 6th January, 1829, and regularly executed, so as to pass real estate. Item 7th in said will, is as follows : “I will and bequeath to-my grand-children, the children of Milly McGuire, their heirs and assignees, forever, lot or parcel of land containing 2021-acres, known by lot No. 68, in the 4th district of Houston County. This is the only clause in said…
1Opinion of the Court
By the Court.
Lumpkin, J.
delivering the opinion.
[1.] The first error assigned in this case is, the refusal of the Court to allow the defendants to re-examine the witness, William Johnson.
A preliminary question is raised in the argument of this cause, as to the proper construction of the Act of 1853-’4, *317granting to either party in a cause the privilege of a viva voce examination of his adversary, in open Court. It is insisted, that inasmuch as the previous Acts authorizing discoveries at Common Law did not give the right of cross-examination, that neither is it conferred by the late Act, which…
2Cited by9 opinions
- Ivey v. CowartSupreme Court of Georgia · 1905
- Dodge v. BriggsU.S. Circuit Court for the Southern District of Georgia · 1886
- Jackson v. DuBoseSupreme Court of Georgia · 1891
- Christopher v. MootySupreme Court of Georgia · 1923
- Glover v. WrightSupreme Court of Georgia · 1888
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