Peterson & Lott v. Lott
Court of Appeals of Georgia
. There being no statute in this State permitting a trial judge to authorize the jury to leave the court-room and inspect personal property which is the subject-matter of the action, it is error to permit such an inspection to be made, over the objection of counsel for one of the parties. This ease is distinguished from that of Jones v. Royster Guano Company, 6 Ga.
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. There being no statute in this State permitting a trial judge to authorize the jury to leave the court-room and inspect personal property which is the subject-matter of the action, it is error to permit such an inspection to be made, over the objection of counsel for one of the parties. This ease is distinguished from that of Jones v. Royster Guano Company, 6 Ga. App. 506 (65 S. B. 361), by the fact that the right of trial by view in real and mixed actions existed at common law. Levy and claim; from city court of Baxley — Judge Sellers. July 17, 1911.
1Opinion of the CourtRussell, J.
This was a claim case. The property involved was personal property. It is assigned as error that the court permitted the jury, over the objection of the plaintiff in fi. fa., to go out .into the court-yard and view the mule which had been levied on and which was claimed. At common law -an inspection is permitted where the subject-matter of the suit is real or mixed property, but the jury could not view personal property if such was the subject of litigation. Inasmuch as by our adopting statute of 1784 the common law became of force in this State, it would seem that a trial court is not…
2Cases cited4 opinions
- Broyles v. PrisockSupreme Court of Georgia · 1896
- County of Bibb v. ReeseSupreme Court of Georgia · 1902
- Jones v. Royster Guano Co.Court of Appeals of Georgia · 1909
- Fleetwood v. Equitable Mortgage Co.Supreme Court of Georgia · 1899
3Cited by4 opinions
- Stone's Independent Oil Distributors v. BaileyCourt of Appeals of Georgia · 1970
- Moore v. Macon Coca-Cola Bottling Co.Supreme Court of Georgia · 1935
- Leverett v. Awnings, Inc.Court of Appeals of Georgia · 1958
- Atlanta Coca-Cola Bottling Co. v. SimsCourt of Appeals of Georgia · 1931