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Reports of cases in law and equity, argued and determined in the Supreme Court of the State of Georgia, in the year
by:Georgia. Supreme Court
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 Excerpt: ...whatever." The rule in regard to time and place, &c. applies to the witness whose testimony is sought to he impeached, and uot to the witness who is...
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 Excerpt: ...whatever." The rule in regard to time and place, &c. applies to the witness whose testimony is sought to he impeached, and uot to the witness who is called to prove the contradictory statements. She denied she had ever said to Robinson, or any one else, that her father had given the negro to her when a child. Robinson was introduced to prove she did tell him so. If-she ever did tell him Sq, the time and place is not material; but the time and place in the question, when put to her, to lay the foundation for impeaching her testimony, is materia in order Riley M, Johnston to refresh her recollection, and enable her to explain the matter if she coulfl. ".. '$?e fiftd no error in the rulings of the Court in this case, which will authorize us to control its discretion, in refusing the motion for a new trial. "Let the judgment of the Court below be affirmed. No.. 33.--Spencer Riley,.plaintiff in error, vs. Robert Johnston, defendant in error.! When an injury to a person is effected by a regular process of a Court " of competent jurisdiction, ceue is" the remedy, and trespass is not sustainable, although th's process may have been maliciously adopted. 2. If the process is irregular, then the remedy against the Magistrate issuing it is trespass. But the remedy against the person who procures, upon insufficient information, a process to issue to search the house of another, 'is rase. And in an action for causing the warrant to issue, it is necessary that-the plaintiff show the want-of probable cause, and it is competent for the defendant to prove any fact.or circumstance which will show the existence of probable cause, and which will rebut the presumption of malice. 3. An attorney is not a competent witness to testify for or against his ...
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