Georgia Reports Volume 8

Georgia Reports Volume 8

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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. 1850 edition. Excerpt: ...against Smith to Eliza Parrish, who was, at that time, his woman, for five dollars; that he gave her the money to buy it with, and that he did this " to prevent Newton (the plaintiff) from catching at him." The proof, then, is, that he conveyed away all the property he had, except his trunk and wearing apparel, in contemplation of bankruptcy, which is, of itself, a fraud upon the law, and that he averred to the witness, that his object was to prevent his creditor from " catching at him." We should not call this alight testimony. Since the argument of this case, my attention has been called to that section of the Judiciary Act of 1799, which declares, that if the verdict of the Special Jury be given contrary to evidence and the principles of justice and equity, it shall and may be lawful for the presiding Judge to grant a new trial. Prince, 432. We do not suppose, however, that this provision was intended to enlarge the powers of the Court, or to change the great principles of the Common Law, as to the relative rights and province of the two departments of the judiciary. Such has not been the construction put upon it by the Superior Courts of this State. If a new trial is to be granted merely because, in the opinion of the Court, the weight of evidence is on the other side, trial by Jury is virtually annihilated, and the Court will be substituted for the Jury, in every case, in trying the credibility of testimony and the preponderance of the proof. Indeed, this idea is expressly negatived by the preceding section, which requires the power to grant new trials, to be exercised " according to law." Prince, 432. That is, according to the usages and customs of the English Courts of Common Law. By the Act more

Product details

  • Paperback | 218 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 123687272X
  • 9781236872722