Scott v. Mcdaniel
| Decision Date | 28 February 1880 |
| Citation | 64 Ga. 780 |
| Parties | Scott. v. McDaniel. |
| Court | Georgia Supreme Court |
Certiorari. Interrogatories. Evidence. Presumption. Practice in the Superior Court. Before Judge SpEER. Rockdale Superior Court. August Adjourned Term, 1879.
To the report contained in the decision it is only necessary to add that defendant in certiorari moved to dismiss *the case because the certificate of the county judge did not show that all costs had been paid; because the original interrogatories and answers sued out in the county court for Scott were attached to the petition for certiorari; and because a new trial had been granted in said cause before. The motion was overruled. The certificate of the county judge is that petitioner "has paid the costs in the above case, as follows: " (naming items for trial, issuing commissions and subpænas).
This case comes before this court on a bill of. exceptions to the judgment of the court below in overruling the defendant's motion to dismiss the plaintiff's certiorari on the grounds therein stated, and in sustaining the same on the ground set forth in the judgment of the court as contained in the record.
1, 2. There was no error in overruling the defendant's motion to dismiss the certiorari.
3. It appears from the record and bill of exceptions, that on the trial of the case in the county court, a set of interrogatories for a witness by the name of Scott was offered to be read in evidence by the plaintiff (which interrogatories had been taken out by the defendant) when the defendant objected to the reading of the same on the ground that the answers were not written by either of the commissioners nor by the witness with their consent. The county court overruled the objection, and the defendant sued out a certiorari, and on the hearing thereof in the superior court the court sustained the certiorari upon that ground and ordered a new trial, the court deciding the question as appears in its judgment "by inspection of the answers." The answers of the witness appear to have been taken before the commissioners, signed by the witness, and attested by them in due form as required by law. Witnesses may write out their own an-swers in the presence of the commissioners *and by their consent, but in no other way shall they (the witnesses) prepare the same. Code, § 3887. The commissioners were the officers of the court for the purpose of having the interrogatories properly executed, and the legal...
To continue reading
Request your trial
-
Hansen v. Owens
...forged. It stands unchallenged and prima facie genuine. All the presumptions are in favor of his having done his duty. Scott v. McDan-iel, 64 Ga. 780; Wiggins v. Gillette, 93 Ga. 22, 19 S. E. 86, 44 Am. St. Rep. 123; Kirk v. State, 73 Ga. 628; City Council of Augusta v. Pearce, 79 Ga. 100, ......
-
Trust Co. Of Ga. v. Mobley, (Nos. 19562, 19563.)
...Ga. 213(2), 47 S. E. 575; Uoudermilk v. Stephens, 126 Ga. 782(1), 55 S. E. 956; Ponder v. Shumans, 80 Ga. 505(3), 5 S. E. 502; Scott v. McDaniel, 64 Ga. 780(3). There are still other reasons which constrain us to this view. The court, in passing the first order upon the defendants' demurrer......
-
Trust Co. of Georgia v. Mobley
... ... 213(2), 47 S.E. 575; Loudermilk v. Stephens, 126 Ga ... 782(1), 55 S.E. 956; Ponder v. Shumans, 80 Ga ... 505(3), 5 S.E. 502; Scott v. McDaniel, 64 Ga ... There ... are still other reasons which constrain us to this view. The ... court, in passing the first ... ...
-
Hansen v. Owens
...was forged. It stands unchallenged and prima facie genuine. All the presumptions are in favor of his having done his duty. Scott v. McDaniel, 64 Ga. 780; v. Gillette, 93 Ga. 22, 19 S.E. 86, 44 Am.St.Rep. 123; Kirk v. State, 73 Ga. 628; City Council of Augusta v. Pearce, 79 Ga. 100, 4 S.E. 1......