Brooks v. Duffell

Supreme Court of Georgia

Brooks v. Duffell

23 Ga. 441

CourtSupreme Court of Georgia

DecidedAugust 15, 1857

StatusPublished

Cited by2 cases

This text of 23 Ga. 441 (Brooks v. Duffell) 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

Brooks v. Duffell, 23 Ga. 441 (Ga. 1857).

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Opinion

By the Court. —

Benning, J.

delivering the opinion.

We do not see how to distinguish this case from Robinson & Wood, vs. King and others, 6 Ga., 539. In both cases the witnesses, when they subscribed the will, were where they could not be seen by the testator, a wall intervening in that case, a door-shutter in this.

We think, therefore, that the charge of the Court was wrong, and consequently, that there ought to be a new trial.

It is unnecessary to consider the other grounds of the motion for a new trial, they depend upon the evidence.

Judgment reversed.

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By the Court. —

Benning, J.

delivering the opinion.

We do not see how to distinguish this case from Robinson & Wood, vs. King and others, 6 Ga., 539. In both cases the witnesses, when they subscribed the will, were where they could not be seen by the testator, a wall intervening in that case, a door-shutter in this.

We think, therefore, that the charge of the Court was wrong, and consequently, that there ought to be a new trial.

It is unnecessary to consider the other grounds of the motion for a new trial, they depend upon the evidence.

Judgment reversed.

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Bluebook (online)

23 Ga. 441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-duffell-ga-1857.

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