Georgia Reports Volume 88

Georgia Reports Volume 88

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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. 1892 edition. Excerpt: ...that "the burden is upon the plaintiff to make out his case to your satisfaction by proper testimony before he can ask the jury to give him a verdict," the omission to charge, in the absence of a. special request, the general doctrine as to the preponderance of evidence, was not error. Trespass. Evidence. Charge of court. Before Judge MILLER. Bibb superior court. November term, 1890. This action of trespass was brought by Harris against Gunn on the 28th of March, 1890. The object of the suit was to recover damages from the defendant having unlawfully entered upon land of the plaintiff and cut and carried therefrom timber; and also from his having cleared up and planted and cultivated crops on the land and gathered the same. At the trial the court admitted in evidence, over objection of defendant, a certain plat and proceedings for processioning, the plat having been made by Wheeler, the county surveyor, on the 15th of July, 1890, and the processioning appearing to have been upon that day, together with the following testimony of Wheeler in reference thereto: I know where lot eighty-six is, that is owned by Harris; made a survey which divided lot eighty-six from the adjoining property; Gunn was present at one of the surveys; I processioned the land under the law, and made a survey of the land once before that; Gunn was present when I ran a line dividing his lot from the other; I was ordered by the processioners to run the second survey; this survey I have been testifying about is the one I ran under the processioners; made the last survey July 19, 1890. Nisbet testified: I saw where the wood had been cut; some that I saw was cut recently; we were there in July, and I suppose it was cut during the latter part of the summer; as...
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Product details

  • Paperback | 276 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236803809
  • 9781236803801