Holmes v. Dobbins

Supreme Court of Georgia

Holmes v. Dobbins

19 Ga. 630

CourtSupreme Court of Georgia

DecidedFebruary 15, 1856

DocketNo. 127

StatusPublished

This text of 19 Ga. 630 (Holmes v. Dobbins) 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

Holmes v. Dobbins, 19 Ga. 630 (Ga. 1856).

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Opinion

By the Court.

Benning, J.

delivering the opinion.

In this case there was a plea of payment; and the-newly discovered evidence would have been pertinent to that-plea.

[1.] What particular reason the Court below had for refusing the motion for a continuance, made on the ground of' the newly discovered evidence, is not disclosed by the bill of exceptions. And as no reason appears to us for refusing the motion, we can only say that wo think it ought not to have been refused. We therefore grant a new trial in the case.

[2.] The Court, we think, was right in rejecting the interrogatories. The defendant was too near to the commissioners and the'witness, at the time when they were executing-the commission. Tillinghast, Starke & Co. vs. Walton, (5 Ga. R. 355.)

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By the Court.

Benning, J.

delivering the opinion.

In this case there was a plea of payment; and the-newly discovered evidence would have been pertinent to that-plea.

[1.] What particular reason the Court below had for refusing the motion for a continuance, made on the ground of' the newly discovered evidence, is not disclosed by the bill of exceptions. And as no reason appears to us for refusing the motion, we can only say that wo think it ought not to have been refused. We therefore grant a new trial in the case.

[2.] The Court, we think, was right in rejecting the interrogatories. The defendant was too near to the commissioners and the'witness, at the time when they were executing-the commission. Tillinghast, Starke & Co. vs. Walton, (5 Ga. R. 355.)

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Bluebook (online)

19 Ga. 630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holmes-v-dobbins-ga-1856.