Banks v. Dixon

Supreme Court of Georgia

Banks v. Dixon

24 Ga. 483

DecidedJanuary 15, 1858

StatusPublished

This text of 24 Ga. 483 (Banks v. Dixon) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Banks v. Dixon, 24 Ga. 483 (Ga. 1858).

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Opinion

Lumpkin, J.

By the Court. delivering the opinion.

The only question in this case is, upon an application to establish a lost paper, must the copy of the instrument be sworn to by the party and nobody else, or may it be verified by one, in whose hands the paper was lost ?

The Act of IS56 simply declares that “ the copy shall be sworn to,” without saying by whom. (See Pamphlet Jlcts, p.23S.) That being so, we see no reason why the affidavit may not be made by the person who best knows the facts and this was done in the present case.

Judgment reversed.

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Lumpkin, J.

By the Court. delivering the opinion.

The only question in this case is, upon an application to establish a lost paper, must the copy of the instrument be sworn to by the party and nobody else, or may it be verified by one, in whose hands the paper was lost ?

The Act of IS56 simply declares that “ the copy shall be sworn to,” without saying by whom. (See Pamphlet Jlcts, p.23S.) That being so, we see no reason why the affidavit may not be made by the person who best knows the facts and this was done in the present case.

Judgment reversed.

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Bluebook (online)

24 Ga. 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/banks-v-dixon-ga-1858.