Cheney v. Smith & Alexander

Supreme Court of Georgia

Cheney v. Smith & Alexander

42 Ga. 50

DecidedJanuary 15, 1871

StatusPublished

This text of 42 Ga. 50 (Cheney v. Smith & Alexander) 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

Cheney v. Smith & Alexander, 42 Ga. 50 (Ga. 1871).

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Opinion

Warner, J.

The Court below erred in overruling the defendant’s motion for a continuance of the case, on the ground, that the opposite party was willing to admit the facts expected to be proved by the absent witness, and then allowing the plaintiff to contest the truth of the facts admitted, on the trial of the case, under the provisions of the 3472d section of the Code.

Let the judgment of the Court below be reversed.

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Warner, J.

The Court below erred in overruling the defendant’s motion for a continuance of the case, on the ground, that the opposite party was willing to admit the facts expected to be proved by the absent witness, and then allowing the plaintiff to contest the truth of the facts admitted, on the trial of the case, under the provisions of the 3472d section of the Code.

Let the judgment of the Court below be reversed.

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Bluebook (online)

42 Ga. 50, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheney-v-smith-alexander-ga-1871.