Greene v. Almand

Supreme Court of Georgia

Greene v. Almand

36 S.E. 957, 111 Ga. 735, 1900 Ga. LEXIS 705

CourtSupreme Court of Georgia

DecidedAugust 8, 1900

StatusPublished

Cited by8 cases

This text of 36 S.E. 957 (Greene v. Almand) 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

Greene v. Almand, 36 S.E. 957, 111 Ga. 735, 1900 Ga. LEXIS 705 (Ga. 1900).

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Opinion

Cobb, J.

“Pedigree, including descent, relationship, birth, marriage, and death, may be proved . . by the declarations of deceased persons related by blood or marriage.” Civil Code, § 5177; Foster v. Brooks, 6 Ga. 293. “Before such declarations, however, can be admitted, the relationship of the declarant to the family must be proved by other evidence than his decía[737]*737rations; for it would be a petitio principii to say that his declarations are receivable because he is a member of the family, and he is a member of the family because his declarations are receivable.” 1 "Whart. Ev. §218. “The relationship of the declarant with the family must be established by some proof other than the declaration itself.” 2 Taylor, Ev. § 640. See also American Notes to same volume, page 427; 1 Gr. Ev. (16th ed.) 198 j 18 Am. & Eng. Ene. L. (lsted.) 260; Abbott’s Trial Ev. (2d ed.) 117, §36; Blackburn v. Crawfords, 70 U. S. 175. The only assignment of error in the bill of exceptions which was argued here complained of the rejection of evidence which was, under the principles above referred to, clearly inadmissible; and therefore the judgment is

Affirmed.

All the Justices concurring.

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Cobb, J.

“Pedigree, including descent, relationship, birth, marriage, and death, may be proved . . by the declarations of deceased persons related by blood or marriage.” Civil Code, § 5177; Foster v. Brooks, 6 Ga. 293. “Before such declarations, however, can be admitted, the relationship of the declarant to the family must be proved by other evidence than his decía[737]*737rations; for it would be a petitio principii to say that his declarations are receivable because he is a member of the family, and he is a member of the family because his declarations are receivable.” 1 "Whart. Ev. §218. “The relationship of the declarant with the family must be established by some proof other than the declaration itself.” 2 Taylor, Ev. § 640. See also American Notes to same volume, page 427; 1 Gr. Ev. (16th ed.) 198 j 18 Am. & Eng. Ene. L. (lsted.) 260; Abbott’s Trial Ev. (2d ed.) 117, §36; Blackburn v. Crawfords, 70 U. S. 175. The only assignment of error in the bill of exceptions which was argued here complained of the rejection of evidence which was, under the principles above referred to, clearly inadmissible; and therefore the judgment is

Affirmed.

All the Justices concurring.

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Bluebook (online)

36 S.E. 957, 111 Ga. 735, 1900 Ga. LEXIS 705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-almand-ga-1900.

Opinion

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