Supreme Court of Georgia July 15, 1863 (H. Marshall & Co. v. Johnson)

By the Court. —

Jenkins, J. delivering the opinion.

When this case was called for trial, counsel for defendant in error moved to dismiss the appeal, for the reasons appearing in the statement. Counsel for plaintiff in error did not waive the evidence alleged in that motion to have come irregularly before this Court, but insisted that it was regularly here, and that he had a right to use it.