Rooney v. Sammis

Supreme Court of Georgia

Rooney v. Sammis

45 Ga. 19

DecidedJanuary 15, 1872

StatusPublished

This text of 45 Ga. 19 (Rooney v. Sammis) 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

Rooney v. Sammis, 45 Ga. 19 (Ga. 1872).

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Opinion

McCay, Judge.

We think there was no error in the Court in refusing to dismiss ^his case. The proof is not entirely satisfactory that these widow ladies are the owners of this note in their own right, but there was sufficient to justify the Court in sustaining the suit. The whole matter was for the jury. There was at least a prima facie case, so that the Judge did rightly in refusing to dismiss it. If the jury are satisfied on the proof that may be made that the true owners of this note are these widows, the case is within the exceptions to the Act.

Judgment affirmed.

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McCay, Judge.

We think there was no error in the Court in refusing to dismiss ^his case. The proof is not entirely satisfactory that these widow ladies are the owners of this note in their own right, but there was sufficient to justify the Court in sustaining the suit. The whole matter was for the jury. There was at least a prima facie case, so that the Judge did rightly in refusing to dismiss it. If the jury are satisfied on the proof that may be made that the true owners of this note are these widows, the case is within the exceptions to the Act.

Judgment affirmed.

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Bluebook (online)

45 Ga. 19, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rooney-v-sammis-ga-1872.