DocketNumber: No. 24
Citation Numbers: 20 Ga. 108
Judges: Benning
Filed Date: 6/15/1856
Status: Precedential
Modified Date: 1/12/2023
By the Court.
delivering the opinion.
Indeed, the insertion of the commissioners’ names in the Flank, is not one of the things which the commission says •the commissioners may do. What it says they may do is, “ to examine” the witness and send the answers, “ closed up under” their “ hands and seals,” to the Court from which •the commission was issued.
We think, then, that the insertion of the commissioners’ .names in the blank in the commission annexed to interrogatories, is not indispensable to the validity of an execution of the commission. The. only object there can be for such insertion, is that of informing the Court who it is that have ■executed its commission. And this is an object which may be accomplished in other ways: as, by'a statement or indication in the caption of the return, or in the conclusion and ¡signatures of the return.
And in this case, the object was accomplished in these ways.
We hold, therefore, that the failure of the commissioners ■to insert their names in the commission to the interrogatories in question in this case, was not a sufficient ground for the rejection of the interrogatories ; and therefore, that the Court 'below erred in rejecting the interrogatories.
The new Jury, it is to be presumed, will, of itself, do justice to the other two grounds of exception. It is best, therefore, to leave them without comment.
There must be a now trial.