Stotesbury v. Lanier
Supreme Court of Georgia
Party as witness. Practice. Before Judge Cole. Bibb Superior Court. May Term, 1870. Stotesbury brought complaint against Lanier, as administrator of Cinthia Wimbish, upon an open account. The gist of plaintiff’s cause was, that he had entrusted intestate with certain articles to keep for him, that they had been converted since her death, and that her estate was liable for their value.
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Party as witness. Practice. Before Judge Cole. Bibb Superior Court. May Term, 1870. Stotesbury brought complaint against Lanier, as administrator of Cinthia Wimbish, upon an open account. The gist of plaintiff’s cause was, that he had entrusted intestate with certain articles to keep for him, that they had been converted since her death, and that her estate was liable for their value. His counsel said he could prove the bailment and conversion otherwise, and offered the interrogatories of plaintiff to show the articles and their value, and his ownership of them. Because intestate was dead,…
1Opinion of the CourtWarner, J.
The testimony of the plaintiff, offered on the trial, was properly ruled out by the Court, as against the administrator, whose intestate was dead. The plaintiff, having failed to make out his ease, by any evidence which would entitle him to a verdict, the Court should have dismissed the same, and it was error, to allow the defendant to take a verdict in his favor.
Let the judgment of the Court be reversed.
2Cited by5 opinions
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- SOUTHWIND TRUCKING CO., INC. v. HarveyCourt of Appeals of Georgia · 1957