122 Ga. 331 | Ga. | 1904
This was a suit for injunction to restrain the cutting and removal of timber from a lot of land in Clinch county. The plaintiff claimed a perfect title to the land, and alleged both insolvency and irreparable damage. The defendants denied the material allegations of the petition. Upon the hearing the court" granted an injunction as prayed, and the defendants excepted.
The decision of a single question raised in the bill of exceptions necessarily controls our judgment, and to that question only will we direct attention. The plaintiff tendered in evidence what purported to be the last will and testament of one Lumsden, of Georgetown, D. C., attached to which was a certificate of the register of wills of the District of Columbia, stating “that said will, after having been proven by the witnesses, was, by order of the Supreme Court of the District of Columbia, holding a special term for orphan’s court business, duly admitted to probate and record on June 23rd, 1868.” The defendants objected to the admission of this paper, on the ground that “it did not appear from the instrument or the certificate thereto attached, by any lawful evidence, that the original will had ever been admitted to probate and record ; that the certificate of the register of wills, attached to said copy, and in which it was stated that such order had been passed by the Supreme Court of the District of Cohimbia, was not the best evidence thereof, a certified copy of said order being the highest, best, and only proper evidence of such fact.” This objec
It was urged, on the argument in this court, that the copy of the will was properly admitted, because attached thereto and duly
Without the admission of this will in evidence the case of the plaintiff must necessarily have failed, and as the evidence was erroneously admitted, another trial must result. As the ruling here announced controls the decision of the case, it will be unnecessary for us to pass on the other questions made by the bill of exceptions. Judgment reversed.