Georgia Reports Volume 26

Georgia Reports Volume 26

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 edition. Excerpt: ...of title by the plaintifl' in the absence of the defendant to the property in dispute, is inadmissible as evidence. '. _ 3. If the law is charged as requested by counsel, it is not error in the Court to omit charging something in addition to which its attention is not called by counsel. An action of trover, tried before His Honor Judge G11o. D. Rrcn, in Union Superior Court, Spring Term, 1858. All the facts necessary to a full understanding of this case, are embodied in the opinion of the Court. ' 1 MARTIN & CnrsHOmyr, for plaintiffs in error. Farmers, contra. This is the ordinary case of a suit brought by the fatherin-law, to recover from the son-in-law, property given to the daughter in her lifetime. There are eight grounds taken in the motion for a new trial. These are reducible to four. I herewith transcribe the motion, with the decision of the Judge, as written out by himself upon it: 1st. Because the jury found their verdict contrary to the evidence in the cause. 2d. Because the jury found, greatly contrary to the weight of evidence. 3d. Because the Court erred in charging the jury that if it was proven that Henry Alston the plaintiff had deliberately admitted, that he had given the property in dispute to Euphon W. Alston, that they were authorized to find for the defendant. 4th. Because the Court erred in charging the jury, that if Henry Alston the plaintiff had made any acknowledgments, that he had given the negroes in dispute to his daughter Euphon in her life time, that they might find for the defendant. 5th. Because the Court erred in charging the jury that if it was proven that Henry Alston the plaintiff, had acknowledged that he had given the property in dispute to Euphon in her lifetime, that then they had the right...show more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236976355
  • 9781236976352