Supreme Court of Georgia, 1906

Terry v. Broadhurst

Terry v. Broadhurst
Supreme Court of Georgia · Decided December 20, 1906 · Lumpkin
127 Ga. 212; 56 S.E. 282; 1906 Ga. LEXIS 806

Terry v. Broadhurst

Opinion of the Court

Lumpkin, J.

1. Where it appeared that the subscribing witness to a. written instrument was attending school in another State at the time of the trial, his absence was sufficiently accounted for, and the execution of the instrument could be proved otherwise than by his testimony. Civil Code,. § 5245; Harris v. Cannon, 6 Ga. 382, 389.

2. The evidence supported the verdict, and.there was no error in overruling the motion for a new trial.

Judgment affirmed.

All the Justices concur.

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