Feagan v. Cureton
Supreme Court of Georgia
Claim, &c. in Muscogee Superior Court. Tried before .Judge Worrill, December Term, 1855. This was a claim interposed to certain negroes levied on as tbe property of Richard Gibbs, and claimed by Wm. II. Feagan. After the parties had announced themselves ready for trial, and before the case was submitted to the Jury, claimant’s Counsel moved the Court to suppress the reading of two sets of depositions, on the ground that there appeared no •venue to their execution.
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Claim, &c. in Muscogee Superior Court. Tried before .Judge Worrill, December Term, 1855. This was a claim interposed to certain negroes levied on as tbe property of Richard Gibbs, and claimed by Wm. II. Feagan. After the parties had announced themselves ready for trial, and before the case was submitted to the Jury, claimant’s Counsel moved the Court to suppress the reading of two sets of depositions, on the ground that there appeared no •venue to their execution. The Court refused, and claimant «excepted. Claimant then moved to suppress another set, upon the •ground that one of the…
1Opinion of the Court
By the Court.
Benning, J.
delivering the opinion.
The exception to the judgment which over-ruled the objection made to two sets of the interrogatories, that the commissioners had failed to state the place at vdiich they took the interrogatories, was abandoned in this Court.
Hilliard, the commissioner in one of the sets of interrogatories, was the son of Hilliard the Attorney of the party taking the testimony. The commission was executed in the office of the father, who, when examined, could not be “ positive” whether he was present at the execution of the commission or not.
[1.] These facts bring…
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