Keaton v. McGwier
Supreme Court of Georgia
In Equity, from Dougherty county. Tried before Judge Allen, at June Term, 1857. The bill in this case, was originally filed by Elizabeth M. M. Greenwood, against Benjamin O. Keaton, for an account, discovery, relief, &c.
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In Equity, from Dougherty county. Tried before Judge Allen, at June Term, 1857. The bill in this case, was originally filed by Elizabeth M. M. Greenwood, against Benjamin O. Keaton, for an account, discovery, relief, &c. Upon the death of Mrs. Greenwood, Lewis S. McGwier, was appointed her administrator and made the party complainant, and in his name the cause proceeded and came upon trial at the June Term, 1857. The opinion pronounced by the Supreme Court will be fully understood from the bill of exceptions, which is as follows : Georgia, Dougherty County. Be it remembered, That during the…
1Opinion of the CourtBenning, J.
By the Court. delivering the opinion.
Was the testimony of Mrs. Jeffries admissible ? The Court below held that it was not.
The testimony of Mr. Jeffries, her husband, had been read by the complainant; and the only effect the testimony of Mrs. Jeffries, offered by the defendant, could have had, would have been, to discredit Mr. Jeffries.
[1.] This being so, the testimony of Mrs. Jeffries, was, according to Rex vs. Cloviger, (2 T. R. 263 ;) and Stein vs. Bowman et al. (13 Pet. 318,) not admissible. This Court will follow these cases,.and affirm the judgment of the Court below; but I must say,…
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