Johnson v. Baldwin

Decided June 15, 1860

Supreme Court of Georgia · decided 1860-06-15

Decided by Judge Perkins, at November Term, 1859. Jacob Johnson filed a bill in equity against Moses H. Baldwin, alleging that said Baldwin had previously sold to one Sikes a lot of land, taking his notes for the purchase-money, which notes Baldwin had transferred for value; that complainant had purchased said lot from Sikes and paid him for it, and that Baldwin had recently commenced his action of ejectment to recover said land, etc. When the case was called for trial,…

Decided 1860-06-15

¶1By the Court.

Stephens, J.,

¶2delivering the opinion.

¶3We think the continuance ought to have been granted. The testimony sought was most material, and the complainant seems to have used diligence to get it. The suggestion was, not that he had been deficient in diligence, but that, so far as we know, he has exhausted his power, and has no assurance of being able to get the evidence hereafter; for, it was said, we do not know that the laws of Alabama provide for process to compelí a witness resident there to answer interrogatories from another State. We think they do furnish such process; but we surely do not know that they do not, and it is but fair that the party should have an opportunity to test it.

¶4Judgment reversed.