Russell v. Kearney
Supreme Court of Georgia
•• Trover, in Houston Superior Court. Motion for new trial. Decided by Judge Lamar, at June adjourned Term, 1858. This was an action of trover, brought by Mrs. Elizabeth A. Kearney, widow of the late Richard R, Kearney, deceased, against Benjamin T. Russell, for the recovery of a negro man slave, John. Plaintiff claimed said slave under the last will and testament of Mrs. Sally Thrift, deceased, late of Warren county, North Carolina, the mother of her deceased husband.
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•• Trover, in Houston Superior Court. Motion for new trial. Decided by Judge Lamar, at June adjourned Term, 1858. This was an action of trover, brought by Mrs. Elizabeth A. Kearney, widow of the late Richard R, Kearney, deceased, against Benjamin T. Russell, for the recovery of a negro man slave, John. Plaintiff claimed said slave under the last will and testament of Mrs. Sally Thrift, deceased, late of Warren county, North Carolina, the mother of her deceased husband. The said will of Mrs. Thrift, directed that all her just debts be paid and then disposed of the balance of her estate as…
1Opinion of the Court
By the Court.
Benning J.
delivering the opinion.
Ought the Court below to have overruled the motion for a new trial ?
That is the question.
We think not. We think, that some of the grounds of the motion, were good — To the consideration of the grounds of it, I now proceed.
*100The first three of the grounds, may be passed without remark.
The fourth ground was, we think, good.
[1.] The general rule is, that the production of the original writing must be required, until an excuse has been given for its non-production. No excuse was given for the non-production of the original marriage settlement. The…
2Cited by12 opinions
- Holmes v. Langston & WoodsonSupreme Court of Georgia · 1900
- Carswell v. LovettSupreme Court of Georgia · 1888
- Clark v. LeverettSupreme Court of Georgia · 1924
- Guilford, Wood & Co. v. McKinleySupreme Court of Georgia · 1878
- Lazenby v. WareSupreme Court of Georgia · 1934
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