Supreme Court of Georgia, 1871

Cheney v. Smith & Alexander

Cheney v. Smith & Alexander
Supreme Court of Georgia · Decided January 15, 1871 · Warner
42 Ga. 50

Cheney v. Smith & Alexander

Opinion of the Court

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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