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Wiggins v. HensonWiggins v. Henson

Supreme Court of Georgia
Feb 15, 1882
Reporters:
Before:
Crawford
Crawford, Justice.

[In an action of trover for cotton, the plaintiff testified that a bale of cotton was taken ‍‌​‌​‌‌‌‌‌​‌​​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌‌​‌​​​​​‌‌‌‌‌​‌​‌‌‌​‌​​‌‌​​​​‌​​​‌‌‌​​​​​​​‌‌‌​​‌‌‌‌​​​‌‍from his yard on Sunday night, was carried to the mouth of a lane, two hoops were broken from it and a portion of the cotton was carried away ; that the ‍‌​‌​‌‌‌‌‌​‌​​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌‌​‌​​​​​‌‌‌‌‌​‌​‌‌‌​‌​​‌‌​​​​‌​​​‌‌‌​​​​​​​‌‌‌​​‌‌‌‌​​​‌‍bale wás easily traced from where it was taken to where it was found ; that the cotton sued for was found in a gin-house ; that the witness believed it was ‍‌​‌​‌‌‌‌‌​‌​​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌‌​‌​​​​​‌‌‌‌‌​‌​‌‌‌​‌​​‌‌​​​​‌​​​‌‌‌​​​​​​​‌‌‌​​‌‌‌‌​​​‌‍his, because the defendant admitted having carried it to the gin-house on Monday morning; because, it was wet, *820nappy, had stains of mud and manure upon it; all of which corresponded with the ‍‌​‌​‌‌‌‌‌​‌​​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌‌​‌​​​​​‌‌‌‌‌​‌​‌‌‌​‌​​‌‌​​​​‌​​​‌‌‌​​​​​​​‌‌‌​​‌‌‌‌​​​‌‍condition of the bale from which plaintiff’s cotton was taken; also, because the weight of the cotton agreed with the number of pounds missed from the bale, and because the cotton was ‍‌​‌​‌‌‌‌‌​‌​​​​​​​‌​‌‌‌​‌​​​​​‌​‌​‌​‌​​‌‌​‌​​​​​‌‌‌‌‌​‌​‌‌‌​‌​​‌‌​​​​‌​​​‌‌‌​​​​​​​‌‌‌​​‌‌‌‌​​​‌‍in layers. The admissibility of this testimony to identify the cotton was the point in contest.]

Case Details

Case Name: Wiggins v. Henson
Court Name: Supreme Court of Georgia
Date Published: Feb 15, 1882
Citation: 68 Ga. 819
Court Abbreviation: Ga.
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