22 Ga. 541 | Ga. | 1857
By the Court.
delivering the opinion.
On the trial of this cause in the Court below, the plaintiffs counsel offered in evidence the depositions of Michael N. Clarke and William Scott Clarke, taken by commission. They were objected to by defendants counsel, on the ground that the case was not stated at the heading of the answers.
The plaintiff in the action of trover, directed his attorneys, ■the plaintiffs here, to make the defendant pay for the hire if they could. He did not seem to claim it. The exemplifica
There are peculiar circumstances in this case, which may have induced ' the plaintiff to forbear to claim it. And, on the whole, it may be safest to consider that the parties expressed their contract as they intended, and that the desire of the party was to recover the negroes. The plaintiffs in this action was bound to execute their contract, and was not bound by the instructions of their client if they went beyond the requisitions of the contract.
The Court below having erred in rejecting the evidence of the witnesses Clark, and not having charged the law of this contract as we construe it from the evidence in .this record, his judgment must be reversed.
Judgment reversed.